Opinion
January 13, 1986
Appeal from the Supreme Court, Suffolk County (Morrison, J.).
Order affirmed, without costs or disbursements. Appellants' time to serve an answer is extended until 15 days after service upon them of a copy of the order to be made hereon, with notice of entry.
We agree with Special Term that: "The fact that petitioner has joined a prayer for relief which is conditional in nature and may require a subsequent referral for hearing does not warrant dismissal of his claim without a review on the merits". (See, Matter of Haines v Flacke, 104 A.D.2d 26.) Mangano, J.P., Rubin, Eiber and Kooper, JJ., concur.