Ordered that the appeal from so much of the order as, in effect, granted that branch of the respondent's motion which was pursuant to CPLR 3211 (a) (2) to dismiss the petition is dismissed; and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that the judgment is affirmed, that branch of the respondent's motion which was pursuant to CPLR 3211 (a) (2) to dismiss the petition is denied, that branch of the respondent...
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