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In the Matter of APPLE'S DELI, INC., et al., Respondents, v. STATE OF NEW YORK, Appellant.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellant's contention, the Supreme Court did not err in declining to dismiss the proceeding on the ground that it was barred by the applicable statute of limitations pursuant to CPLR 217. The applicable four-month period was properly measured from the time of the appellant's determination of the petitioners' application dated October 19, 2006 to vacate their default, and not from its original determination revoking their grocery store beer license (see Matter of Yarbough v Franco, 95 NY2d 342, 347; Matter of Finger Lakes Racing Assn., Inc. v State of N.Y. Racing Wagering Bd., 34 AD3d 895, 896-897; Matter of Corbisiero v New York State Tax Commn., 82 AD2d 990, affd 56 NY2d 680; Matter of Camperlengo v State Liq. Auth., 16 AD2d 342; cf. Matter of Davis v Kingsbury, 27 NY2d 567).

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APPLE'S v. STATE
(Apr 22, 2008)