Ordered that the appeals from the orders dated August 4, 1992, and December 24, 1992, are dismissed; and it is further,
Ordered that the judgment dated February 23, 1993 is reversed, on the law and the facts, and the orders are vacated; and it is further,
Ordered that the defendant's motion to dismiss the complaint is granted, and the matter is remitted to the Supreme Court, Suffolk County for the entry of an appropriate judgment; and it is further,
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