Ordered that the appeal from the order dated June 10, 2010, is dismissed, as the portion of the order appealed from was superseded by the order dated September 23, 2010, made, in effect, upon reargument; and it is further,
Ordered that the order dated September 23, 2010, is modified, on the law, by deleting the provision thereof, in effect, upon reargument, adhering to the determination in the order dated June 10, 2010, denying that branch of the defendants' motion...
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