Ordered that the appeal from so much of the order dated August 15, 2002, as granted that branch of the cross motion which was for preclusion only to the extent of setting the matter down for a compliance conference is dismissed, as that part of the order was superseded by the order dated September 25, 2002; and it is further,
Ordered that the order dated August 15, 2002, is modified, on the law, by deleting the provision thereof granting that branch of the motion...
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