Judgment reversed, on the law, with costs, and proceeding dismissed on the merits.
At the outset, we have, in the interests of justice and of judicial economy, overlooked a technical defect in the instant appeal and deemed the notice of appeal from the order dated May 21, 1985, to be a premature notice of appeal from the subsequent judgment in which the order was subsumed (see, Frankel v Manufacturers Hanover Trust Co.,
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