The County of Suffolk has abandoned its cross appeal. Appeal from order entered September 21, 1977, dismissed as academic, without costs or disbursements. That order was superseded by the order made upon reargument. Order dated November 21, 1977 modified, on the law, by adding thereto after the provision adhering to the original determination, the following: "except that plaintiff's motion for summary judgment is granted". As so modified, order affirmed insofar as appealed...
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