Ordered that on the Court's own motion, the appellant's 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.
Contrary to the defendant's contention, the court providently exercised its discretion in denying his application for prejudgment interest on a distributive award (see Miklos v Miklos,
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