Ordered that the cross appeal is dismissed, without costs or disbursements, as Daniel P. Maloney is not aggrieved by the final order (see CPLR 5511); and it is further,
Ordered that the final order is reversed, on the law, without costs or disbursements, the petition and the proceeding are reinstated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith, to be held forthwith, and a new determination...
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