Ordered that on the Court's own motion so much of the appellant's notice of appeal as purports to appeal from the order entered September 2, 1994, which, sua sponte, vacated all previous orders of the court in the proceeding and dismissed the proceeding, is treated as an application for leave to appeal from that order, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order entered September 2, 1994, is modified...
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