Ordered that on the court's own motion, the defendant's notice of appeal is treated as an application for leave to appeal from that portion of the order which referred the matter to a referee to hear and report on the issue, inter alia, of damages, the application is referred to Justice Kunzeman, and leave to appeal from the aforesaid portion of the order is granted by Justice Kunzeman (CPLR 5701 [c]); and it is further,
Ordered that the order is modified by...
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