Ordered that on the Court's own motion, the petitioner's notice of appeal from the order entered August 7, 1996, is treated as an application for leave to appeal and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the cross appeal from the order entered August 7, 1996, is dismissed, without costs or disbursements, as the portion of the order cross-appealed from was superseded by so much of the order entered September 13, 1996...
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