Ordered that the order and judgment is modified, on the law, (1) by deleting the provision thereof granting that branch of the cross motion of the respondent New York Institute of Technology which was pursuant to CPLR 3211(a)(5) to dismiss the petition as time-barred, and substituting therefor a provision denying that branch of the cross motion, and (2) by adding thereto a provision denying the petition on the merits; as so modified, the order and judgment is affirmed insofar...
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