Ordered that the appeal from the order dated December 5, 2003, is dismissed, as the order insofar as appealed from was superseded by that portion of the order dated November 8, 2004, which was made upon reargument; and it is further,
Ordered that the order dated November 8, 2004, is reversed insofar as appealed from, on the law and in the exercise of discretion, upon reargument, so much of the order dated December 5, 2003, as granted those branches of the motion of...
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