Ordered, that on the court's own motion, the petitioner's notice of appeal is treated as an application for leave to appeal, that application is referred to Presiding Justice Mollen, and leave to appeal is granted by Presiding Justice Mollen (CPLR 5701 [b] [1]); and it is further,
Ordered that the order is reversed, on the law, without costs or disbursements, the petition is granted, the determination is annulled, and the respondent is directed to grant the petitioner...
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