Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,
Ordered that the judgment is modified, on the law and the facts, (1) by adding a provision thereto declaring that the plaintiff is not entitled to use of the well identified as "DW #2" in a survey prepared by Badey & Watson dated March 7, 2001, as revised March 6, 2007, (2) by deleting the third decretal paragraph thereof compelling the defendant to make certain...
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