Ordered that the appeals from the order dated August 19, 2009, are dismissed; and it is further,
Ordered that the judgment is reversed, on the law, the petition is denied, the determination is confirmed, the proceeding is dismissed on the merits, the motion for a preliminary injunction is denied, and the order dated August 19, 2009, is modified accordingly; and it is further,
Ordered that the matter is remitted to the Supreme Court,
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