Ordered that the order entered August 4, 2008, is reversed insofar as appealed from, on the law, without costs or disbursements, the motion is granted, the order entered April 21, 2008, is vacated, and the proceeding is dismissed for lack of subject matter jurisdiction; and it is further,
Ordered that the appeal from the order entered April 21, 2008, is dismissed, without costs or disbursements, in light of
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