Ordered that the order dated January 20, 1993, is reversed, on the law, the defendant's motion to dismiss is granted, and the amended complaint is dismissed; and it is further,
Ordered that the appeal from the order dated December 1, 1992, is dismissed as academic in light of our determination on the appeal from the order dated January 20, 1993; and it is further,
Ordered that the defendant is awarded one bill of costs.
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