Ordered that the appeal is dismissed, without costs or disbursements.
A judgment was entered in this action on July 7, 2004. A notice of appeal from the judgment was filed but that appeal was not perfected. By decision and order on motion dated September 23, 2004, the instant appeal was held in abeyance pending hearing and determination of the appeal from the judgment. The appeal from the judgment was dismissed for failure to prosecute by decision and order on motion...
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