It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, and the matter is remitted to Supreme Court, Ontario County, for further proceedings in accordance with the following memorandum: This is a proceeding commenced for declaratory and injunctive relief. We convert the proceeding to an action for declaratory judgment (see CPLR 3001), and we deem the order to show cause to be a summons and the petition...
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