Ordered that the appeal from the order entered June 1, 2006 is dismissed as academic; and it is further,
Ordered that the order entered December 19, 2006 is modified, on the law, by deleting the provision thereof striking the fourth and fifth causes of action from the amended complaint; as so modified, the order entered December 19, 2006 is affirmed insofar as appealed from, and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
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