Ordered that the order is modified, on the law, by (1) deleting from the second decretal paragraph thereof the provision which denied the motion to dismiss the proceeding as academic, and by substituting therefor a provision granting that motion and dismissing the proceeding as academic, and (2) deleting the third and fourth paragraphs thereof; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
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