Motion by the respondent to dismiss the proceeding.
Upon the papers filed in support of the petition, the application, and the motion, and the papers filed in opposition thereto, it is
Ordered that the application is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,
Adjudged that the petition is denied, and the proceeding is dismissed as academic, without costs...
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