Ordered that on the Court's own motion, the defendant's notice of appeal is deemed to be 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 insofar as appealed from, without costs or disbursements.
The Supreme Court providently exercised its discretion in denying the defendant's application for an award of an attorney's fee and costs pursuant to 22 NYCRR 130-1...
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