Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
Ordered that the motion is denied as academic in light of our determination upon the cross motion; and it is further,
Ordered that that branch of the cross motion which is for reargument is granted and the cross motion is otherwise denied, and upon reargument the decision and order of this court dated February 28, 1994, is recalled and vacated...
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