Ordered that the appeal and cross appeal from the order dated May 4, 2004, are dismissed, as the portions of the order appealed and cross-appealed from have been rendered academic in light of our determination of the appeal from the order dated December 15, 2004; and it is further,
Ordered that the order dated December 15, 2004, is affirmed; and it is further,
Ordered that one bill of costs is awarded to the defendants.
After the defendants established...
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