Ordered that the appeal from the order entered November 12, 2009, is dismissed; and it is further,
Ordered that the judgment entered December 4, 2009, is modified, on the law, by deleting the provision thereof terminating the defendant's lease and awarding the plaintiffs possession of the subject property; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Nassau County, for consideration and imposition of statutorily permissible...
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