Ordered that on the Court's own motion, the notice of appeal 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 affirmed, with costs.
The order appealed from did not determine a motion made on notice and therefore is not appealable as of right (see CPLR 5701 [a] [2]; Sena v Nationwide Mut. Fire Ins. Co.,
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