alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Case 1:07-cv-05798-CM-HBP Document 10 Filed 07/10/2007 Page 1 of 4Case 1:07-cv-05798-CM-HBP Document 10 Filed 07/10/2007 Page 2 of 4Case 1:07-cv-05798-CM-HBP Document 10 Filed 07/10/2007 Page 3 of 4Case 1:07-cv-05798-CM-HBP Document 10 Filed 07/10/2007 Page 4 of 4
Case 1:07-cv-05847-DAB Document 16 Filed 08/13/2007 Page 1 of 6Case 1:07-cv-05847-DAB Document 16 Filed 08/13/2007 Page 2 of 6Case 1:07-cv-05847-DAB Document 16 Filed 08/13/2007 Page 3 of 6Case 1:07-cv-05847-DAB Document 16 Filed 08/13/2007 Page 4 of 6Case 1:07-cv-05847-DAB Document 16 Filed 08/13/2007 Page 5 of 6Case 1:07-cv-05847-DAB Document 16 Filed 08/13/2007 Page 6 of 6
EXHIBIT 10.4

                        PURCHASE AND SALE AGREEMENT

                               July 1, 2001


     This agreement is made this first day of July, 2001 between Delta
Petroleum Corporation ("Delta") and Amber Resources Company ("Amber") with the
address of both companies at 555 17' Street, Suite 3310, Denver, Colorado
80202.

     1.   Interests: All of the following shall be referred to as
          "Interests".  Amber agrees to sell and convey and Delta agrees to
          purchase and pay for all of Amber's right title and interest in
          and to the oil, gas, and mineral interests listed and described on
          attached Exhibit A, including but not limited to working
          interests, overriding royalty interests, and any other interests
          of a similar nature affecting the lands covered by all of the
          leases described on attached Exhibit A; and including the wells
          described on attached Exhibit A or which are located upon any
          lease described or referenced on attached Exhibit A; and further
          including all interest in tangible personal property, tools,
          machinery, materials, pipelines, plants, gathering systems,
          equipment, fixtures and improvements which are incident or
          attributable to the leases or wells; and further including all
          payments and rights to receive payments, with respect to the
          ownership of the production of hydrocarbons from the Interests
          accruing after closing.

     2.   Closing: The purchase and sale of the Interests shall be effective
          as of July l, 2001.

     3.   Purchase Price: The purchase price for the Interests shall be
          $107,044.


AMBER RESOURCES COMPANY                  DELTA PETROLEUM CORPORATION


BY: /s/ Aleron H. Larson, Jr.            BY: /s/ Roger A. Parker
    -------------------------------          ----------------------------
    Aleron H. Larson, Jr., Chairman          Roger A. Parker, President
Case 1:05-cv-07117-VM Document 2 Filed 08/11/2005 Page 1 of 2
Case 1:05-cv-07117-VM Document 2 Filed 08/11/2005 Page 2 of 2
1




---



##### 








---



##### 



/s/ Sid FerralesSid Ferrales
SVP Human Resources
RealNetworks, Inc.  Hank Skorny:
    /s/ Hank Skorny




---



##### 



REALNETWORKS, INC.
NON-DISCLOSURE AGREEMENT
  1. Associated Contract Documents:
 2. Disclosure and Marking: the Discloser shall
provide the Recipient with a written summary within a reasonable time following disclosure.
 3. Confidentiality Obligations:




---



##### 



4. Exceptions:
 5. Residual Information:
 Disclaimers:
 General:




---



##### 



RealNetworks,Inc.
 Signature:
    /s/ Sid FerralesName:
    Sid FerralesTitle:
    Senior Vice President, Human Resources   
 Signature:
    /s/ Henry SkornyName:
    Henry SkornyTitle:
### NUM BER 13-0 8-00 427- CV 

## COURT OF A PP EA LS T H I R T E E N T H D I S T R I C T O F T E X AS CORPUS CHRI ST I -E DI NBURG

____ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _______ _ JA IM E L EA L, A pp ellan t,
v . CITY OF B ROW NSV ILL E, T EXAS, A pp ellee.

____ ____ ____ ____ __ _ _ _ _ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ On a p p ea l f ro m th e C o u n ty C o u rta t L awN o . 1 of C amero n Co un ty , T exas .

____ ____ ____ _ _ _ _ _ _ _ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ 

## ME MOR A N D U M OP I N I ON Be fo re Ju stice s R od rigu ez, Garza, a nd Ve la M emo rand um Opin ion Pe r Cu riam Appel lan t, Jai me Leal , app eal ed a jud g ment ent ered by the Cou nty

Cour t at LawN o. 1 of Ca meron C ounty , Tex as. On J uly 3, 2008, the C ler k o f this C our t not ified appel lan t tha t the notice of

app eal failed to com ply w ith T exas Rule of Appe llate Proce dure 9.5(e). SeeT EX . R. A PP . P. 9 .5 (e ). The Cl er k d irect ed appe ll ant t o fil e an amended no ti ce of2

appeal w it h the di str ict c ler k' s o ff ic e w it hin 30 d ay s from the d a te o f t h a t notic e. On Oct ober 14, 2008, the Cl er k noti fied appell ant that the defect had not b een c or re cte d and
w arne d ap pella nt th at th e ap pea l would be dism issed if the de fect w ere no t cured wi thin ten d ays. SeeT EX . R. A PP . P. 4 2.3( b) ,( c)

. To date, the defect ha s n ot be en c or re cte d. The Co urt, hav ing co nsi dered th e doc uments on fil e and appella n t’s fai lure to cor re ct thi s d efect, is of the o pin ion thatthe appeal sh oul d be dis mis sed. See i d. 42. 3(b),(c). Accordingly , the app eal is DISMISSE D FORW A NT O F PROSECUT ION.

PERC UR IAM Me moran dum Opi nio n del iv ered and filed thi s t he 5th d ay

of Febr uar

y , 200 9.
Case 1:07-cr-00482-RPP     Document 28      Filed 08/04/2008     Page 1 of 1
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION FOR THE TWELVE MONTHS ENDED
DECEMBER 31, 1997 EXTRACTED FROM THE CONSOLIDATED STATEMENT OF INCOME,
CONSOLIDATED BALANCE SHEET, CONSOLIDATED STATEMENT OF CASH FLOWS AND THE NOTES
THERETO AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           6,245
<SECURITIES>                                    37,654
<RECEIVABLES>                                   94,483
<ALLOWANCES>                                    10,517
<INVENTORY>                                     72,942
<CURRENT-ASSETS>                               222,775
<PP&E>                                         178,083
<DEPRECIATION>                                  90,021
<TOTAL-ASSETS>                                 351,232
<CURRENT-LIABILITIES>                           66,756
<BONDS>                                          4,032
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       131,643
<OTHER-SE>                                     104,725
<TOTAL-LIABILITY-AND-EQUITY>                   351,232
<SALES>                                        666,294
<TOTAL-REVENUES>                               666,294
<CGS>                                          328,728
<TOTAL-COSTS>                                  621,543
<OTHER-EXPENSES>                                    46
<LOSS-PROVISION>                                19,551
<INTEREST-EXPENSE>                               2,664
<INCOME-PRETAX>                                 44,705
<INCOME-TAX>                                    20,500
<INCOME-CONTINUING>                             24,304
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                        6,331
<NET-INCOME>                                    30,635
<EPS-PRIMARY>                                     3.42
<EPS-DILUTED>                                     3.42
                                               


</TABLE>
Exhibit



Exhibit 4.1




SEE REVERSE SIDE FOR CERTAIN DEFINITIONS INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE CUSIP 85209W 10 9 THIS CERTIFIES THAT is the owner of BY COUNTERSIGNED AND REGISTERED: EQUINITI TRUST COMPANY FULLY PAID AND NON-ASSESSABLE SHARES OF CLASS A COMMON STOCK, $0.0001 PAR VALUE, OF SPROUT SOCIAL, INC. transferable on the books of the Corporation by the holder hereof in person or by Attorney upon surrender of this certificate properly endorsed. This certificate is not valid until countersignedCOMMON and registered by the Transfer Agent and Registrar. IN WITNESS WHEREOF, the said Corporation has caused this certificate to be signed by facsimile signatures of its duly authorized officers. AUTHORIZED SIGNATURE Dated: TRANSFER AGENT AND REGISTRAR CHIEF EXECUTIVE OFFICER AND PRESIDENT CHIEF FINANCIAL OFFICER AND TREASURER











THE BOARD OF THIS CORPORATION HAS THE AUTHORITY TO CREATE AND DETERMINE THE RELATIVE RIGHTS AND PREFERENCES OF CLASSES OR SERIES OF SHARES OF CAPITAL STOCK OTHER THAN COMMON STOCK. THIS CORPORATION WILL FURNISH TO ANY SHAREHOLDER UPON WRITTEN REQUEST SENT TO ITS PRINCIPAL EXECUTIVE OFFICES, AND WITHOUT CHARGE, A FULL STATEMENT OF THE BOARD’S AUTHORITY TO CREATE AND DETERMINE THE RELATIVE RIGHTS AND PREFERENCES OF CLASSES OR SERIES OF SHARES OF CAPITAL STOCK AS WELL AS THE DESIGNATIONS, PREFERENCES, LIMITATIONS AND RELATIVE RIGHTS OF THE SHARES OF EACH CLASS OR SERIES THEN OUTSTANDING OR AUTHORIZED TO BE ISSUED. The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations: UTMA - ____________ Custodian ____________ TEN COM - as tenants in common (Cust) (Minor) TEN ENT - as tenants by entireties under Uniform Transfers to Minors JT TEN - as joint tenants with right of survivorship Act ________________________________ and not as tenants in common (State) Additional abbreviations may also be used though not in the above list. For value received _____ hereby sell, assign, and transfer unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF ASSIGNEE) Shares of the capital stock represented by the within Certificate, and do hereby irrevocably constitute and appoint Attorney to transfer the said stock on the books of the within-named Corporation with full power of substitution in the premises. Dated ________________ X X NOTICE: THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER. SIGNATURE GUARANTEED ALL GUARANTEES MUST BE MADE BY A FINANCIAL INSTITUTION (SUCH AS A BANK OR BROKER) WHICH IS A PARTICIPANT IN THE SECURITIES TRANSFER AGENTS MEDALLION PROGRAM (“STAMP”), THE NEW YORK STOCK EXCHANGE, INC. MEDALLION SIGNATURE PROGRAM (“MSP”), OR THE STOCK EXCHANGES MEDALLION PROGRAM (“SEMP”) AND MUST NOT BE DATED. GUARANTEES BY A NOTARY PUBLIC ARE NOT ACCEPTABLE.
#### CYNTHIA A. VIOLANO ET AL. *v.*HENRY J. FERNANDEZ ET AL.

The plaintiffs’ petition for certification for appeal from the Appellate Court, 88 Conn. App. 1 (AC 24918), is granted, limited to the following issue:

*937The Supreme Court docket number is SC 17424.

*William F. Gallagher*and *Hugh D. Hughes,*in support of the petition.

Decided May 4, 2005

“Did the Appellate Court properly affirm the trial court’s striking of counts two, three and four of the complaint?”
Case 1:07-cv-05362-AKH Document 29 Filed 01/11/2008 Page 1 of 2
Case 1:07-cv-05362-AKH Document 29 Filed 01/11/2008 Page 2 of 2
Case 1:07-cv-05386-AKH Document 3 Filed 07/20/2007 Page 1 of 2
Case 1:07-cv-05386-AKH Document 3 Filed 07/20/2007 Page 2 of 2
Case 1:07-cv-04463-AKH     Document 7      Filed 09/05/2007     Page 1 of 1
(105 So. 700)

#### Ex parte William JONES.

(3 Div. 724.)

(Supreme Court of Alabama,

Oct. 15, 1924.)

Certiorari to Court of Appeals.

Brassell & Brassell, of Montgomery, for petitioner.

Hill, Hill, Whiting, Thomas & Rives, of Blontgomery, opposed.

BOULDIN, J.

Petition of William Jones for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in Jones v. Blue, 105 So. 698.

Writ denied.

ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.
Exhibit 10.3.1
 
 [LETTERHEAD OF NORSKECANADA]
  th
 Attention:
    
    Mr. Steven M. KingFibre and Corporate Purchasing Manager
 Chip Supply Agreement (S.I.W.P Division)
   1.
    
    Annual Volume.Under the Chip Agreement, a Chip volume is excluded from the Chip volume to
be purchased by Norske based on a percentage of overall Chip production or a volume referred
to as the Total Excluded Volume Cap (initially (***) BDUs) that varies with the chip recovery
factor among other things. This calculation was originally put in place to permit Riverside
to continue to supply chips under the three Weyerhaeuser and/or Fibreco contracts. Rather
than the volumes under those contracts automatically becoming Norske volumes when they expire
however, those volumes become subject to the 1992 Fibre Products Rights Agreement per Section
2.4 of that agreement.




---



##### 



2.
    
    Allocation.(***) BDUs of the (***) BDU excluded Chip volume will be allocated to the White
Valley (Lumby) operation. The remaining volume of SPF Chips (approximately (***) BDUs)
available from that operation will be allocated to Norske while there is a Weyerhaeuser/Norske
chip trade agreement in effect which covers this volume but that volume will otherwise be part
of the (***) BDU excluded Chip volume.
 3.
    
    Fibreco Volume.The volume to be delivered to Norske does not need to increase to take into
account the over shipment to Fibreco in the first two quarters of 2005. The volume to be
delivered to Fibreco during the last two quarters of 2005 should still be (***) BDUs (subject
to any increases that Riverside may implement with excess chips it has available because of
Norske curtailments during those two quarters).
     
 Per:Confirmed and agreed this  day of August, 2005RIVERSIDE FOREST PRODUCTS LIMITEDPer:
  2
Case 1:07-cv-05294-AKH Document 27 Filed 03/17/2008 Page 1 of 2Case 1:07-cv-05294-AKH Document 27 Filed 03/17/2008 Page 2 of 2
cme @

Chicago Mercantile Exchange

20 South Wacker Drive 312/930.1000 tel
Chicago, IL 60606-7499 312/466.4410 fax
www.cme.com

December 20, 2006

Ms. Eileen Donovan

Office of the Secretariat

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21st Street, NW

Washington, DC 20581

RE: Section 5¢(c)(1), Part 40.6(a) — Rule Certification for Change in the January 2007 CME
Brazilian Real Futures and Options Termination of Trading Day.
CME Submission 06-119.

Dear Ms. Donovan:

Chicago Mercantile Exchange Inc. ("CME" or "Exchange") hereby notifies the Commission that,
analogous to CME procedures for the last six years, the Exchange is interpreting the termination of
trading day for the January 2007 CME Brazilian real futures and options to be Thursday, December 28,
2006. The Central Bank of Brazil has informed CME today that it will release the same “PTAX Rate” on
Friday, December 29, 2006, that was calculated based on spot market activity for Thursday, December
28, 2006. Although the last business day of the month for the Central Bank of Brazil is Friday, December
29, 2006, the published "PTAX Rate" of December 29, 2006, will be the same as the "PTAX Rate" of
December 28, 2006. Therefore, for the purpose of determining the termination of trading day for the
January 2007 CME Brazilian real futures and options contracts, the last business day of the month for the
Central Bank of Brazil is Thursday, December 28, 2006, when the end-of-month "PTAX Rate” will be
first issued. There are sixteen contracts of open interest in the January 2007 CME Brazilian real futures
and no open interest in the January 2007 CME Brazilian real options on futures contracts. CME Clearing
House has telephoned all of the CME clearing firms holding open interest in the January 2007 CME
Brazilian real futures contracts and notified them of the termination of trading date change.

This change in the termination of trading day for the January 2007 CME Brazilian real futures
and options contracts will be communicated to members in CME Special Executive Report, S-4525, dated
Thursday, December 21, 2006. The Exchange notes that this action neither violates nor is inconsistent
with any provision of the Commodity Exchange Act or of the rules there under. There were no
substantive opposing views to this proposal.

If you require any additional information, please do not hesitate to contact Mr. Steven Youngren
at 312-930-4583 or via e-mail at syoungre@cme.com. Please reference our CME Submission 06-119 on
all future correspondence regarding this notification.

Sincerely,

a aoe

Mb fig

John W. Labuszewski
Managing Director, Research & Product Development
Case 1:07-cv-05847-DAB Document 30-4 Filed 09/28/2007 Page 1 of 11
Case 1:07-cv-05847-DAB Document 30-4 Filed 09/28/2007 Page 2 of 11
Case 1:07-cv-05847-DAB Document 30-4 Filed 09/28/2007 Page 3 of 11
Case 1:07-cv-05847-DAB Document 30-4 Filed 09/28/2007 Page 4 of 11
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Case 1:07-cv-05847-DAB Document 30-4 Filed 09/28/2007 Page 6 of 11
Case 1:07-cv-05847-DAB Document 30-4 Filed 09/28/2007 Page 7 of 11
Case 1:07-cv-05847-DAB Document 30-4 Filed 09/28/2007 Page 8 of 11
Case 1:07-cv-05847-DAB Document 30-4 Filed 09/28/2007 Page 9 of 11
Case 1:07-cv-05847-DAB Document 30-4 Filed 09/28/2007 Page 10 of 11
Case 1:07-cv-05847-DAB Document 30-4 Filed 09/28/2007 Page 11 of 11
#### The People of the State of New York, Respondent, v Raymond Romanick, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant’s argument that the People failed to establish probable cause for his arrest is without merit. The People introduced the testimony of both the transmitting and receiving officers in compliance with *People v Lypka*(36 NY2d 210, 213-214; *see also, People v Landy,*59 NY2d 369, 375-376). The contents of the message were proven and consisted of a detailed description of the vehicle, including the license number. This information was provided by citizens based upon their personal observations *(see, People v Ramsey,*140 AD2d 638, *Iv denied*72 NY2d 923).

The court’s refusal to suppress the identification of defendant after a hearing was correct. The witness’s viewing of defendant outside the courthouse was inadvertent and not arranged by police *(see, People v Maddox,*139 AD2d 597, *lv denied*72 NY2d 862; *People v Brown,*126 AD2d 657, *Iv denied*70 NY2d 703). (Appeal from judgment of Genesee County Court, Morton, J. — burglary, second degree, and other charges.) Present — Callahan, J. P., Doerr, Boomer, Green and Davis, JJ.
Case 1:07-cv-05785-PAC Document 29 Filed 08/20/2007 Page 1 of 11
Case 1:07-cv-05785-PAC Document 29 Filed 08/20/2007 Page 2 of 11
Case 1:07-cv-05785-PAC Document 29 Filed 08/20/2007 Page 3 of 11
Case 1:07-cv-05785-PAC Document 29 Filed 08/20/2007 Page 4 of 11
Case 1:07-cv-05785-PAC Document 29 Filed 08/20/2007 Page 5 of 11
Case 1:07-cv-05785-PAC Document 29 Filed 08/20/2007 Page 6 of 11
Case 1:07-cv-05785-PAC Document 29 Filed 08/20/2007 Page 7 of 11
Case 1:07-cv-05785-PAC Document 29 Filed 08/20/2007 Page 8 of 11
Case 1:07-cv-05785-PAC Document 29 Filed 08/20/2007 Page 9 of 11
Case 1:07-cv-05785-PAC Document 29 Filed 08/20/2007 Page 10 of 11
Case 1:07-cv-05785-PAC Document 29 Filed 08/20/2007 Page 11 of 11
Case 1:07-cv-05560-AKH Document 12 Filed 03/17/2008 Page 1 of 2Case 1:07-cv-05560-AKH Document 12 Filed 03/17/2008 Page 2 of 2
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-93,352-01

EX P ARTE RANDY JA COB DECKM AN, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 02-20-0745-A IN THE 439 DISTRICT COURT T H F ROM ROCK

WALL COUNTY

Per curiam . O R D E R Applicant pleade d g uilty to ag g r a v a te d a s s a u lt a n d w a s s e n te n ced to ten y ear s’ imprisonment. He did not appea l his conviction. Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends that plea was involuntary beca use trial cou n s el did not adequately communica t e with him, did not discuss the evidenc e with him, did not interview witnesses, and

coer ced him into pleading g uilty

. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Hill v. L ockhart , 474 U.S. 52 (1985); Ex p a r t e A r g ent , 393 S.W .3d 781 (Tex. Crim. App. 2013). Acc ording ly , the rec ord should be develope d. The trial court is the appropr iate forum for finding s2

of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The t ri al co u rt s h all order trial counsel to respond to Applicant’s claim. I n developing the record, the trial court may use an y means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent him at the hear ing. See T E X . C O D E C R I M . P R O C . ar t

. 26.04. I f counsel is appointed or reta ined, the trial court shall immediately notify this Court of counsel’s

name. The trial court shall make finding s of fac t and conclusions of law as to whether trial counsel’s perf ormanc e was defic ient and Applicant wo u l d have insisted on a trial but for counsel’s alleg ed defic ient perf

ormanc e. The trial court may make any other finding s and conclusions that it deems appropr iate in re sponse to Applicant’s c laims. The trial court shall make findings of fac t and conclusions o f law withi n ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motio n s, objections, proposed finding s and conclusions, order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.

Filed: January

12, 2022 Do not publish
#### Rudolph Montana, Individually and as Administrator of the Estate of Ruth Montana, Deceased, Respondent, v North Shore University Hospital, Defendant, and Irwin R. Cohen et al., Appellants.

In a medical malpractice action, the defendants Irwin R. Cohen and Adolf Singer separately appeal, as limited by their briefs, from so much of an order of the Supreme Court, Nassau County (Roberto, J.), dated May 10, 1988, as, upon granting the plaintiff’s motion for "renewal *546and/or reargument” of their respective motion and cross motion, *inter alia,*to strike the plaintiffs amended bill of particulars, vacated a prior order, entered March 9, 1988, granting their motion and cross motion insofar as they were to strike the plaintiffs amended bill of particulars, and deemed the amended bill of particulars served.

Ordered that the order is affirmed insofar as appealed from, with costs.

Pursuant to CPLR 3042 (g), the plaintiff had the right to amend his bill of particulars once as of course prior to the filing of a note of issue. Thus, the court did not err in vacating its prior order granting the appellants’ respective motion and cross motion to strike the amended bill of particulars so served *(see, Simino v St. Mary’s Hosp.,*107 AD2d 800; Siegel, Supp Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, 1989 Pocket Part, CPLR C3043:2, at 302-303). We pass upon no other issue. Mangano, J. P., Brown, Lawrence and Eiber, JJ., concur.