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Full opinion text

—Order unanimously vacated without costs and matter remitted to Supreme Court for further proceedings on petition (see, Matter ofPierino v Brown, 281 AD2d 960). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Rath, Jr., J.) Present — Pine, J. P., Hayes, Hurlbutt, Kehoe and Lawton, JJ.