Ordered that on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal from that portion of the April 12, 1993, order as denied his cross motion, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is modified by deleting the provision thereof which denied the cross motion and substituting therefor a provision granting the cross motion on condition that the deposition...
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