Ordered that the appeal from the order dated May 28, 2004, is dismissed, without costs or disbursements, as that order was superseded by that portion of the order dated December 16, 2004, which was, in effect, made upon reargument; and it is further,
Ordered that the order dated December 16, 2004, is modified, on the law, by deleting the provision thereof, in effect, adhering to the prior determination granting the motion to vacate the judgment by confession, and...
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