Ordered that the judgment is modified, as a matter of discretion, by deleting therefrom the provision awarding costs and disbursements to the respondent Edward J. Brady, and substituting therefor a provision denying an award of costs and disbursements to any party; as so modified, the judgment is affirmed, without costs or disbursements.
We conclude that the Supreme Court properly dismissed the proceeding since the petitioner has failed to establish fraud, misconduct...
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