Ordered that the appeal from the order entered February 5, 2004, is dismissed, as the portions of the order appealed from were superseded by the order entered May 26, 2004, made upon reargument; and it is further,
Ordered that the order entered May 26, 2004, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
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