Ordered that the order and judgment is modified, on the law, (1) by adding to the second decretal paragraph thereof, after the phrase "all affirmative defenses," the phrase "and counterclaims," and (2) deleting the provision thereof granting the plaintiff's separate motion to confirm the report of the Judicial Hearing Officer dated November 16, 2004, and substituting therefor a provision denying that motion; as so modified, the order and judgment is affirmed insofar as appealed...
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