Ordered that the plaintiff's notice of appeal from a decision of the same court, dated January 16, 2002, is deemed to be a premature notice of appeal from the order dated November 1, 2002 (see CPLR 5520 [c]); and it is further,
Ordered that the order is reversed, on the law, the motion is granted, and the action is restored to the trial calendar; and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
The plaintiff moved...
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