Judgment insofar as appealed from uanimously modified by striking the first *984ordering paragraph (see Matter of Mandis v. Gorski, 24 A D 2d 181, 184), and as modified affirmed, without costs of this appeal to either party. (Appeal from part of judgment of Livingston Trial Term in a declaratory judgment action.) Present — Williams, P. J., Bastow, Henry, Del Veechio and Marsh, JJ.