DECISION ORDER
ORDERED that the appeal is dismissed, with costs, as the order, as amended, was superseded by an order of the same court dated February 21, 2003 ( see Kaiser v. Delaney, A.D.3d [Appellate Division Docket No. 2003-09518, decided herewith]).
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.