On each appeal, order and judgment modified by (a) striking out (1) the provision granting defendant's motion and dismissing the complaint and (2) the quoted words above; (b) substituting therefor provisions (1) denying defendant's motion and (2) directing that the action shall be henceforth treated as a proceeding under article 78 of the CPLR; and (c) adding a provision that the proceeding is transferred to the Supreme Court, Albany County, for disposition according to law...
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