Ordered that the appeal from the order dated May 5, 2004, is dismissed, as that order was superseded by the order entered August 19, 2004, in effect, upon reargument and renewal; and it is further,
Ordered that the order entered August 19, 2004, is reversed insofar as appealed from, on the law and as a matter of discretion, and, upon reargument and renewal, the plaintiff's cross motion is denied, and the order dated May 5, 2004, is vacated; and it is further,
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