Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the respondents' motion which was to dismiss the petition is denied, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for a determination, on the merits, of those branches of the respondents' motion which were for leave to conduct discovery pursuant to CPLR 408 and to compel the petitioner to post costs pursuant to CPLR 8501.
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