DECISION ORDER ON MOTION
Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the argument of the appeal, it is
ORDERED that the motion is granted to the extent that the last paragraph of Page 3, the second paragraph of Page 5, the last sentence of Page 8, the words "and the complaint must be dismissed" from the point heading of Page 10, and the words "and dismiss the complaint of plaintiff D'Ambrosi" from the first sentence of Page 12 of the reply brief are stricken and have not been considered on the determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
FRIEDMANN, J.P., SMITH, ADAMS and COZIER, JJ., concur.