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Full opinion text

Order unanimously reversed on the law and in the exercise of discretion, with $20 costs and disbursements to the respondent-appellant and the motion of petitioner is denied and the cross motion of the respondent to dismiss the petition is granted with $10 costs. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and McNally, JJ. [See 5 A D 2d 586.]