Ordered that the order is modified, as an exercise of discretion, by deleting the provision which, in effect, denied the branch of the appellant's motion which was to vacate the provision of the judgment entered December 30, 1994, awarding the petitioner $945 as costs, disbursements, and fees, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the appellant.
The appellant correctly asserts...
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