Petition unanimously granted to the extent that order of appeal board is annulled, on the law, with costs, and proceeding remitted to the board for a determination on the merits. (See Matter of Navarro v State Human Rights Appeal Bd., 72 AD2d 680.) (Proceeding pursuant to Executive Law, § 298.) Present—Cardamone, J. P., Simons, Schnepp, Callahan and Witmer, JJ.