Order so far as appealed from unanimously affirmed, without costs. The existence of another and adequate remedy in petitioner’s action for declaratory judgment, decided herewith (Nash v. Gay Apparel Corp., 9 A D 2d 345) would render unavailable similar relief sought in this article 78 proceeding. Concur — Botein, P. J., Rabin, M. M. Prank, Valente and Bergan, JJ. [11 Misc 2d 768.]