Judgment reversed insofar as appealed from, on the law, without costs or disbursements, determination confirmed and proceeding dismissed on the merits.
The sole issues before this court are those which were raised at Special Term. Petitioner's reference to matters not in the record, and to issues not raised at Special Term, is improper (see, e.g., American Ind. Contr. Co. v Travelers Ind. Co.,
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