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IN THE MATTER OF CITY OF NEW YORK, appellant, v. WILLIAM HODGES, respondent.

ORDERED that the appeal from the order dated September 21, 2000, is dismissed, without costs or disbursements, as that order was superseded by the order dated November 14, 2000, made upon reargument; and it is further,

ORDERED that the order dated September 21, 2000, is reversed insofar as appealed from, on the law, without costs or disbursements, the petition is granted, and the subpoenas duces tecum are quashed (see, Matter of Brown v. Grosso, A.D.2d [Appellate Division Docket No. 2001-02259] [decided herewith]).

O'BRIEN, J.P., S. MILLER, SCHMIDT and COZIER, JJ., concur.

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MATTER OF CITY OF NEW YORK v. HODGES
(Jul 30, 2001)