Ordered that the appeal from the order dated April 26, 2002, is dismissed, without costs or disbursements, as that order was superseded by the order dated December 4, 2002, made upon reargument and renewal; and it is further,
Ordered that the order dated December 4, 2002, is reversed insofar as appealed from, without costs or disbursements, upon reargument and renewal, the motion is granted, and so much of the order dated April 26, 2002, as denied the motion is vacated...
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