Ordered that the order is modified, as a matter of discretion, by deleting the provision thereof which conditioned the granting of the petitioner's motion upon a waiver of a hearing on the timeliness of its disclaimer and substituting therefor a provision conditioning the granting of the motion upon payment of $500 by the petitioner's attorney to the attorney for the respondent Derrick Velasquez; as so modified, the order is affirmed insofar as appealed from, without costs...
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