Ordered that the petitioner's notice of appeal is treated as an application for leave to appeal, said application is referred to Presiding Justice Mollen and leave to appeal is granted by Presiding Justice Mollen (see, CPLR 5701 [b] [1]); and it is further,
Ordered that the order is affirmed, and it is further,
Ordered that the intervenor-respondent is awarded costs, payable by the appellant.
The petition was properly dismissed as untimely since...
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