Motion by respondent to dismiss proceeding brought pursuant to subdivision 1 of section 712 of the General Municipal Law. Motion granted, without costs and without prejudice to the filing of a new petition for the same annexation (see Matter of City Council of City of Saratoga Springs v Town Bd. of Town of Greenñeld, 29 AD2d 167). Koreman, P. J., Greenblott, Kane, Mahoney and Herlihy, JJ., concur.