Ordered that the order and judgment is reversed, on the law, with costs, the cross motion is denied, the petition is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
On a motion pursuant to CPLR 7804 (f) to dismiss a petition, "only the petition is to be considered and all of its allegations are to be deemed true" (Matter of Zaidins v Hashmall,
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