Ordered that the order and judgment is reversed, on the law, without costs or disbursements, that branch of the respondents' motion which was, in effect, for summary judgment dismissing the petition insofar as it is based on the doctrine of legislative equivalency is denied, the motion is otherwise granted, the cross motion is denied, and the petition insofar as it is based on a violation of the doctrine of legislative equivalency is reinstated, and the matter is remitted...
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