Ordered that the order and judgment is reversed, on the law, without costs or disbursements, the motion is granted, and the petition is dismissed as time-barred.
Pursuant to CPLR 217 (1), the petitioner was required to commence this CPLR article 78 proceeding within four months after the challenged determination became final and binding and thereby aggrieved him (see Matter of Yarbough v Franco,
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