Ordered that the appeal from the order dated August 22, 2002, is dismissed, as that order was superseded by the order dated December 4, 2002, made upon reargument; and it is further,
Ordered that the order dated December 4, 2002, is reversed insofar as appealed from, upon reargument, the order dated August 22, 2002, is vacated, the motion is granted, the action is restored to pre-note of issue status, and the matter is remitted to the Supreme Court, Queens County...
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