Ordered that the order and judgment is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed, the petitioner/plaintiff's motion is denied, the respondents/defendants' application is granted, and the complaint is dismissed as premature.
The Supreme Court "may render a declaratory judgment having the effect of a final judgment as to the rights and other legal relations of the parties to a justiciable controversy whether or not further...
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