Ordered that the order is modified by deleting the provision thereof awarding Frank J. Santo, P.C., one third of the net attorney's fee in this action; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a hearing in accordance herewith.
On the record before us, it cannot be determined whether the nonparty respondent, Frank J. Santo, P.C. (hereinafter
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