Ordered that on the Court's own motion, the notices of appeal and cross appeal are treated as applications 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 and as a matter of discretion, by deleting the second subdivision of the third decretal paragraph thereof beginning with the words "whether the petitioner's borrowing", and substituting therefor the following provision...
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