Appeal from judgment entered August 30, 1978, dismissed, without costs or disbursements. That judgment was superseded by the order dated October 6, 1978. Order dated October 6, 1978, reversed, insofar as appealed from, without costs or disbursements and, upon reargument, judgment entered August 30, 1978 is vacated and the respondent's motion to dismiss the petition is denied.
The sole basis of respondent's motion to dismiss the proceeding was that it was not timely...
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