Ordered that the appeal from the order entered April 3, 1986, is dismissed, without costs or disbursements, as it was superseded by the order and judgment dated September 19, 1986; and it is further,
Ordered that the order and judgment dated September 19, 1986, is reversed, on the law, without costs or disbursements, the order entered April 3, 1986, is vacated, the proceeding is converted into an action for a declaratory judgment (see, CPLR 103 [c]) with the...
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