Ordered that the appeal is dismissed, without costs or disbursements; and it is further,
Ordered that the cross appeal is dismissed, without costs or disbursements, as no appeal lies as of right from the portion of the order cross-appealed from, and we decline to grant leave to appeal (see, CPLR 5701).
The defendant's motion, characterized as one to renew, was not based upon new facts which were unavailable at the time the original motion was made,...
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