Ordered that the appeal from the order entered October 17, 2008, is dismissed, without costs or disbursements, as that order was superseded by the order entered April 23, 2009, made upon reargument; and it is further,
Ordered that the order entered April 23, 2009, is modified, on the law, by deleting the provisions thereof which, upon reargument, adhered to the determinations in the order entered October 17, 2008, granting that branch of the motion of the defendant...
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