Ordered that the order is affirmed insofar as appealed from, without costs or disbursements, for reasons stated by Justice O'Shaughnessy at the Supreme Court; and it is further,
Ordered that the cross appeal is dismissed, without costs or disbursements.
So much of the order dated December 2, 1988, as directs a judicial hearing to aid in the disposition of the petition does not decide the petition and does not affect a substantial right (CPLR 5701 [a] [2] ...
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