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ARIF BASHIR, DOING BUSINESS AS BELL CONTRACTING, res, v. ENVIRONMENTAL CONTROL BOARD, ap

MATTER OF ARIF BASHIR, DOING BUSINESS AS BELL CONTRACTING, res, v. ENVIRONMENTAL CONTROL BOARD, ap — (INDEX NO. 6485/12) Richard Villar, Brooklyn, N.Y., for respondent.

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MATTER OF ARIF BASHIR, DOING BUSINESS AS BELL CONTRACTING, res, v. ENVIRONMENTAL CONTROL BOARD, ap — (INDEX NO. 6485/12) Richard Villar, Brooklyn, N.Y., for respondent.

In a proceeding pursuant to CPLR article 78 to review a determination of the Environmental Control Board dated October 27, 2011, which denied the petitioner’s application to vacate his default in appearing for a hearing in connection with a notice of violation issued to him, the Environmental Control Board appeals from an order of the Supreme Court, Kings County (Lewis, J.), dated September 7, 2012, which, in effect, denied its motion pursuant to CPLR 7804(f) and 3211(a)5. to dismiss the petition as time-barred by the limitations period set forth in CPLR 217, and thereupon granted the petition to the extent of directing the Environmental Control Board to vacate the petitioner’s default and conduct a new hearing in connection with the notice of violation.

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