Order unanimously modified to strike therefrom the first ordering paragraph and, as so modified, affirmed, with $25 costs and disbursements to each respondent.
Memorandum:
In this article 78 proceeding to set aside the action of the city in designating the respondent The Front Page, Inc., as the official newspaper the petition was properly dismissed. In such a proceeding, however, Special Term was not required to pass directly upon the legality and propriety...
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