Ordered that the appeal from the order dated October 24, 2006 is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the order dated September 28, 2007 is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the defendant.
The appeal from the intermediate order dated October 24, 2006 must be dismissed because the right of direct appeal therefrom terminated...
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