No timely appeal was taken from the earlier order, and the appeal therefrom must be dismissed.
However, such order contains improper decisional material, factual findings and conclusions which should have been stricken upon the motion for resettlement (CPLR 2219). Appeal from order entered July 15, 1969 dismissed, without costs. Order entered September 3, 1969 reversed, on the law and the facts, without costs, and motion granted in all respects with the following...
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