Ordered that the appeal from the order and judgment (one paper) is dismissed, without costs or disbursements, as the order and judgment was superseded by the order dated October 26, 1988, made upon reargument; and it is further,
Ordered that the order dated October 26, 1988, is modified by deleting the provision thereof which adhered to the original determination with respect to attorney's fees and substituting therefor a provision granting the plaintiff's application...
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