It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed in the exercise of discretion without costs, the application of petitioner-respondent is denied, the award of counsel fees and costs is vacated and the order and judgment and the judgment entered January 13, 2006 are vacated.
Memorandum:
Respondent-petitioner (respondent) appeals from an order of the Referee granting the application of petitioner-respondent...
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