Ordered that on the court's own motion, the notice of appeal and the notice of cross appeal from the order entered December 21, 1987, are treated as applications for leave to appeal and cross-appeal, those applications are referred to Justice Bracken, and leave to appeal and cross-appeal are granted by Justice Bracken (CPLR 5701 [b] [1]); and it is further,
Ordered that the order entered December 21, 1987, is modified, by deleting the provision thereof which denied...
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