Ordered that the appeal from the order dated October 30, 2002, is dismissed, as that order was superseded by those portions of the order dated April 28, 2003, made, in effect, upon reargument and renewal; and it is further,
Ordered that the order dated April 28, 2003, is reversed insofar as appealed from, on the law and as a matter of discretion, without costs or disbursements, upon reargument and renewal, the order dated October 30, 2002, is vacated, the plaintiff...
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