Ordered that the order is modified, as a matter of discretion, by deleting the provision thereof which denied the appellant's motion for a preliminary injunction, and substituting therefore a provision granting the appellant's motion for a preliminary injunction pending the outcome of the proceeding pursuant to CPLR article 78 (see, CPLR 7805); as so modified, the order is affirmed insofar as appealed from, with costs to the appellant, and the matter is remitted to...
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