Ordered that the judgment is modified, on the law, by deleting the provisions thereof granting the petition and vacating the award and substituting therefor provisions granting the petition to the extent of vacating only numbered paragraph 5 of the award, and otherwise denying the petition, dismissing the proceeding, and confirming the award; as so modified, the judgment is affirmed, without costs or disbursements.
The Supreme Court erred in granting the petition...
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