Ordered that the appeal from the order dated July 5, 2001, is dismissed, as that order was superseded by the order dated November 16, 2001, made upon reargument; and it is further,
Ordered that the order dated November 16, 2001, is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
The Supreme Court issued an order in April 2000 which directed the plaintiff to file a note of issue by August...
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