Ordered that the appeal from so much of the order entered April 16, 2004, as granted that branch of the motion which was to strike the answers of the defendants Westchester County, Westchester County Medical Center and Samuel Kasoff is dismissed, as that portion of the order was superseded by the order entered September 20, 2004, made upon reargument; and it is further,
Ordered that the order entered September 20, 2004, is modified, on the law and as a matter of discretion...
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