Ordered that on the court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal from so much of the order dated November 7, 1990, as directed a hearing, and leave to appeal is granted; and it is further,
Ordered that the appeal from the decision is dismissed; and it is further,
Ordered that the judgment and the order are affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs....
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