Ordered that the order is reversed, in the exercise of discretion, with costs, and the matter is remitted to the Supreme Court, Kings County, for further proceedings; and it is further,
Ordered that the stay of the proceeding in the Civil Court of the City of New York, Kings County, entitled Smith v Smith (index No. L & T 42869/86), previously granted in an order of this court dated May 22, 1986, is continued pending the resolution of the instant motion...
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