Ordered that the appeal from the order dated January 19, 1996, is dismissed, as that order was superseded by the amended order dated February 8, 1996; and it is further,
Ordered that the amended order is reversed, on the law and as a matter of discretion, the order dated January 19, 1996, is vacated, the motion is denied, and the judgment dated August 16, 1995, is reinstated; and it is further,
Ordered that the appellant is awarded one bill of costs.
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