Order affirmed, with $10 costs and disbursements.
No opinion.
Nolan, P. J., and Kleinfeld, J., dissent and vote to reverse the order and to dismiss the petition, with the following memorandum:
Relief may be obtained pursuant to section 964 of the Penal Law only when the right thereto is established in a clear and convincing manner and should not be awarded when there is presented a true issue of fact as to intent to deceive or mislead the public, or...
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