Ordered that the appeal from so much of the order entered May 4, 2010, as denied, as academic, the cross motion of the defendant Anthony Armenia for recusal is dismissed, as the plaintiff is not aggrieved by that portion of the order (see CPLR 5511); and it is further,
Ordered that the order entered May 4, 2010, is reversed insofar as reviewed, on the facts and in the exercise of discretion, without costs or disbursements, and the plaintiff's renewed motion...
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