Ordered that the branch of the motion which is to dismiss the proceeding for lack of subject matter jurisdiction is granted, and the motion is otherwise denied as academic; and it is further,
Adjudged that the proceeding is dismissed, without costs or disbursements.
This Court does not have subject matter jurisdiction to entertain this proceeding (see CPLR 7804[b]; 506[b]; Matter of Nolan v Lungen,
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