Judgment (order) reversed on the law and the facts, without costs, and application denied, without costs, and without prejudice to such other proceeding or action as petitioner may be advised. The findings of fact implicit in the decision of the Special Term, insofar as they may be inconsistent herewith, are reversed, and new findings are made as indicated herein.
The summary relief authorized by section 964 of the Penal Law should
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