Ordered that on the Court's own motion, the notice of appeal from the order is deemed to be an application for leave to appeal from the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court correctly determined that the plaintiff failed to offer sufficient evidence to establish his entitlement to damages (cf. Rodriguez v Valentine,
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