Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, with leave to respondents, if they be so advised to interpose an answer within 10 days after the entry of the order hereon.
A motion to dismiss the petition in an article 78 proceeding, before answer, is in the nature of a demurrer, and only the petition may be considered. Affidavits alleging new matter constituting a defense may not be
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