It is hereby ordered that said appeal from the order insofar as it confirmed the report and recommendation of the Judicial Hearing Officer be and the same hereby is unanimously dismissed (see CPLR 5501 [a] [1]) and the order is modified on the law by granting the application for counsel fees and costs and as modified the order is affirmed without costs, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following...
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