Ordered that on the Court's own motion, the notice of appeal from the order dated September 11, 2009, 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 dated September 11, 2009, is affirmed insofar as appealed from; and it is further,
Ordered that the order dated November 10, 2009, is affirmed; and it is further,
Ordered that one bill of costs is awarded...
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