Ordered that the appeal from the order dated July 29, 2004, is dismissed; and it is further,
Ordered that on the Court's own motion, the notice of appeal from the order dated May 20, 2004 is treated as an application for leave to appeal and leave to appeal is granted; and it is further,
Ordered that the orders dated May 20, 2004 and July 12, 2004 are affirmed; and it is further;
Ordered that one bill of costs is awarded to the defendant.
The...
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