Opinion
November 15, 1995
Appeal from the Supreme Court, Niagara County, Koshian, J.
Present — Denman, P.J., Green, Fallon, Doerr and Boehm, JJ.
Judgment unanimously reversed on the law without costs, motion granted and petition dismissed. Memorandum: Supreme Court erred in denying the motion of respondent, the City of Niagara Falls, to dismiss the petition on the ground that the proceeding was not timely commenced ( see, Matter of Comerford v City of Niagara Falls, 214 A.D.2d 1055; Matter of Fabrizio v City of Niagara Falls, 214 A.D.2d 1055; Matter of Westendorf v City of Niagara Falls, 214 A.D.2d 1056).