The court erred in dismissing the petition as time-barred. The record shows that petitioner sought to commence this action well before the statute of limitations expired, but that the court did not consider and sign petitioner's order to show cause commencing the proceeding until after the limitations period had expired. Petitioner should not be penalized for this oversight (see e.g. Lovett v City of New York, 6 Misc.3d 1032[A], 2005 NY Slip Op 50278[U] [Sup Ct, NY...
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