Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified, on the law, the facts, and in the exercise of discretion, (1) by deleting from the fourth decretal paragraph thereof the words "until October 25, 2006 (a period of five years from the date of commencement of the action)" and substituting therefor the words "until October 25, 2009 (a period of eight years from the date of commencement of the action)," and...
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