Ordered that the branch of the motion which is for leave to appeal to the Court of Appeals is denied; and it is further,
Ordered that the branch of the motion which is for reargument is granted, and upon reargument, this court's decision and order dated February 19, 1991, is recalled and vacated, and the following decision and order is substituted:
In a proceeding pursuant to CPLR article 78 to review so much of a determination of the New York State Division...
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