Judgment affirmed, without costs or disbursements.
Petitioner timely served the Attorney-General with the notice of petition and petition in this proceeding pursuant to CPLR 7804 (c), but failed to timely serve respondent. The Attorney-General is not a party to this proceeding, but rather the prospective attorney for a party. Thus, petitioner's timely service upon the Attorney-General did not toll the statutory period of limitations and allow for untimely service of the notice of petition and petition upon the respondent ( see, Matter of Cohen v. State Tax Commn., 51 A.D.2d 79; Matter of Upstate Milk Coops. v. State of New York Dept. of Agric. Mkts, 101 A.D.2d 940). Mangano, J.P., Brown, O'Connor and Weinstein, JJ., concur.