Ordered that on the Court's own motion, the notice of cross appeal is treated as an application for leave to cross-appeal, and leave to cross-appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is reversed insofar as cross-appealed from, and the oral application of Hercules Construction Corp. is denied; and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that...
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