Ordered that the judgment is modified, on the law, by deleting the fifth and sixth decretal paragraphs thereof; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, the proceeding is converted into an action for a declaratory judgment (see, CPLR 103 [c]), with the petition deemed the complaint, it is declared that the petitioner is entitled to a satisfaction and discharge of the bond and mortgage held by the respondent...
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