Judgment modified, on the law and the facts, by (1) striking therefrom all the decretal provisions except so much of the first decretal paragraph as determined that petitioner's motion "for reargument is deemed and treated as a motion for leave to renew the original motion brought on by Order to show cause dated May 20, 1970" and (2) substituting therefor a provision that the proceeding is dismissed on the merits. As so modified, judgment affirmed, with costs.
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