Ordered that on the Court's own motion, the appellant's notice of appeal from so much of the order as imposed a sanction 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 order is modified, on the law, by deleting the provision thereof which imposed a sanction in the sum of $1,000 on the plaintiff; as so modified, the order is affirmed, without costs or disbursements.<...
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