Ordered that the appeal is dismissed, without costs or disbursements.
The order dated January 18, 1996, was superseded by an order of the same court dated October 1, 1996, which, in effect, granted reargument and thereupon adhered to the original determination ( see, Broida v. Bancroft, 103 A.D.2d 88, 93; Alpert v. Alpert, 20 A.D.2d 560). The issues raised on this appeal have been considered on the appeal from the order made upon reargument ( see, React Serv. v. Rindos, 243 A.D.2d 552 [decided herewith]).
Miller, J.P., Ritter, Krausman and Goldstein, JJ., concur.