Ordered that the appeal from the order dated December 9, 2011, is dismissed, without costs or disbursements; and it is further,
Ordered that the order of disposition dated December 13, 2011, is reversed, on the law, without costs or disbursements, that branch of the respondent's motion which was pursuant to CPLR 3211 (a) (7) to dismiss the petition for failure to state a cause of action is denied, the petition is reinstated, the order dated December 9, 2011, is modified...
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