Appeal from order dated October 27, 1978 dismissed as academic, without costs or disbursements. That order was superseded by the order dated December 19, 1978. Order dated December 19, 1978 affirmed, without costs or disbursements, on condition that within 20 days after service upon defendant Arluck of a copy of the order to be made hereon together with notice of entry thereof, said defendant serve and file with the trial court a stipulation waiving his first affirmative...
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