Ordered that the order dated January 30, 1996, is reversed, on the law, that branch of the defendant's motion which was to dismiss the complaint is granted, the complaint is dismissed, and the balance of that motion is denied as academic; and it is further,
Ordered that the appeal from the order dated August 9, 1995, is dismissed as academic; and it is further,
Ordered that the defendant is awarded one bill of costs.
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