Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the petitioner's contention, the Supreme Court did not err in summarily denying the petition. In a special proceeding, the court "shall make a summary determination upon the pleadings, papers and admissions to the extent that no triable issues of fact are raised" (CPLR 409 [b]; see Matter of TNT Petroleum, Inc. v Sea Petroleum, Inc.,
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