Ordered that the appeal from the order dated August 14, 2008, denying the motion of Peter A. Koo to dismiss the petition pursuant to CPLR 3016 (b) is dismissed, without costs or disbursements; and it is further,
Ordered that the final orders dated August 14, 2008, are reversed, on the facts, without costs or disbursements, the petition is denied, the cross petition is granted, the designating
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