Ordered that on the court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, the application is referred to Justice O'Brien, and leave to appeal is granted by Justice O'Brien (see, CPLR 5701 [b] [1]); and it is further,
Ordered that the order and judgment is modified, on the law, by adding to the end of the decretal paragraph thereof the following: "the penalty is not to exceed a suspension of the petitioner's license...
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