Ordered that the judgment is affirmed; and it is further,
Ordered that on the Court's own motion, the notice of appeal from the order entered November 7, 2003, 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 entered November 7, 2003 is affirmed; and it is further,
Ordered that one bill of costs is awarded to the petitioners.
"[C]onstruction...
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