Ordered that the order is modified, on the law, by adding to the decretal paragraph thereof the words "as unnecessary" after the word "denied"; as so modified, the order is affirmed, with costs, and the Clerk of the Supreme Court, Westchester County, is directed to schedule a conference date before the assigned Justice immediately upon being served with a copy of this decision and order by the appellant's attorney.
By decision and order on motion dated April 6, 2004...
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