Ordered that the appeal from so much of the order dated July 23, 2008, as granted that branch of the motion of the defendants Town of Huntington and Frank Castellano which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against them, with prejudice, is dismissed, as that portion of the order was superseded by the order dated February 4, 2009, made upon reargument; and it is further,
Ordered that the order dated July 23, 2008 is affirmed...
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