Ordered that the appeal and cross appeal from the order dated September 28, 2006 are dismissed, as that order was superseded by the order dated March 5, 2007, made upon reargument; and it is further,
Ordered that the order dated March 5, 2007 is modified, on the law, the facts, and in the exercise of discretion, (1) by deleting the provision thereof, upon reargument, adhering to so much of the original determination in the order dated September 28, 2006, as denied...
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