Ordered that the proceeding is converted to an application pursuant to CPLR 5704 (a) to vacate the temporary restraining order contained in the order to show cause dated December 31, 1997, in the underlying action insofar as it purports to restrain the petitioner, the application is granted, without costs or disbursements, and the temporary restraining order contained in the order to show cause dated December 31, 1997, is vacated.
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