Ordered that the appeal from the order entered March 24, 2003, is dismissed as academic in light of our determination on the appeal from the order entered January 24, 2003; and it is further,
Ordered that the order entered January 24, 2003, is reversed, on the law, the defendant's motion to dismiss the complaint is granted, and the complaint is dismissed; and it is further,
Ordered that one bill of costs is awarded to the defendant.
Pursuant to CPLR...
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