Ordered that the appeal and cross appeal from the judgment dated June 20, 1989, are dismissed, as the judgment was superseded by the order dated October 24, 1989, made upon reargument; and it is further,
Ordered that the order dated October 24, 1989, is reversed insofar as appealed from, on the law, the judgment dated June 20, 1989, is vacated, and the proceeding is dismissed on the merits; and it is further,
Ordered that the appellant-respondent is awarded...
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