Ordered that the appeal from so much of the first order entered September 28, 2004, as denied the branch of the motion which was for leave to reargue is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
Ordered that the first order entered September 28, 2004, is modified, on the law and as an exercise of discretion, without costs or disbursements, by deleting the provision thereof granting the cross motion...
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