Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed, on the law and the facts, the motion is denied, the order dated December 18, 2003, is modified accordingly, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith; and it is further,
Ordered that one bill of costs is awarded to the defendant.
The appeal from the intermediate order must...
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