Ordered that the appeal from the judgment is dismissed, without costs or disbursements, as that judgment was superseded by the order dated July 31, 1995, made upon reargument; and is further,
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Although the Supreme Court decided this matter on the merits, the proceeding should have been dismissed on jurisdictional grounds because the petitioner failed to serve his papers...
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