Appeal from the order and judgment dismissed, without costs or disbursements. The order and judgment was superseded by the order granting reargument. Order reversed insofar as appealed from, without costs or disbursements, the order and judgment is vacated, the petition is reinstated, the cross motion is denied, and the petitioner's motion is granted to the extent that the matter is remitted to Special Term for a determination on the merits.
When this matter was originally...
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