Ordered that on the Court's own motion, the notice of appeal from so much of the order as directed a hearing on that branch of the defendant's motion which was to impose a sanction and for an award of an attorney's fee is deemed to be an application for leave to appeal from that portion of the order and leave to appeal is granted (see CPLR 5701 [c]; Behrins & Behrins, P.C. v Sammarco,
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