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2013-494 N C. HENDERSON, res, v. NAVARO, app, -and- AUTO EUROPA IMPORTED CARS, def — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from an order of the District Court of Nassau County, Fourth District (Andrea Phoenix, J.), dated September 26, 2012. The order denied a motion by defendant Herman Navaro to vacate a default judgment entered against him and to dismiss the complaint insofar as asserted against him. The appeal from the order dated September 26, 2012 brings up for review so much of an order of the same court dated January 2, 2013, as, upon reargument and renewal, adhered to the prior determination (see CPLR 5517 [b]).

ORDERED that the appeal from the order dated September 26, 2012 is dismissed, as that order was superseded by the order dated January 2, 2013, made upon reargument and renewal; and it is further,

 
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