Ordered that the appeal is dismissed, with costs.
In an order dated March 29, 2010, the Supreme Court, in pertinent part, denied that branch of the motion of the defendant Kenneth Kirschenbaum which was for summary judgment dismissing the complaint insofar as asserted against him. Kirschenbaum appealed from that order, but by decision and order on motion of this Court dated December 1, 2010, the appeal was dismissed for failure to prosecute. That dismissal constituted...
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