Ordered that on the court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal from so much of the order as directs a hearing, the application is referred to Justice Harwood, and leave to appeal is granted by Justice Harwood (CPLR 5701 [c]); and it is further,
Ordered that the order is modified, on the law, by (1) deleting the provision granting a hearing on the threshold issue of whether there was physical contact with the...
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