Order insofar as appealed from unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: We treat this appeal as one from an order settling the record (CPLR 5701 [a] [2] [ii]), and we modify the order transferring this proceeding to our court pursuant to CPLR 7804 (g) by striking therefrom any reference to the affidavit of Edward W. Cavanaugh, sworn to on January 6, 1988. The Cavanaugh affidavit was not before the...
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