Ordered that on the Court's own motion, so much of the notice of appeal which purports to appeal as of right from that portion of the order as, sua sponte, imposed a sanction upon the plaintiff 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 and as a matter of discretion, by (1) deleting the provision thereof which, sua sponte, imposed a sanction...
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