Ordered the appeal from the order entered January 7, 2008, is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the order entered May 2, 2008, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
The appeal from the intermediate order entered January 7, 2008, must be dismissed because the right of direct appeal therefrom
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