Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
Ordered that the motion is denied; and it is further,
Ordered, on the court's own motion, that the unpublished decision and order of this Court dated January 16, 1996, in the above-entitled case, is recalled and vacated, and the following decision and order is substituted therefor:
Appeal by the defendant from a judgment of the County Court, Nassau County...
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