Ordered that on the court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is modified, on the law, by deleting the provisions thereof which denied those branches of the cross motion which were to dismiss the petitioner's sixth and seventh causes of action in their entirety and substituting therefor provisions granting...
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