Ordered that on the Court's own motion, so much of the notice of appeal as appealed from the order is deemed to be an application for leave to appeal from the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the judgment and the order are affirmed, without costs or disbursements.
"A party seeking to obtain title by adverse possession must prove by clear and convincing evidence the following common-law requirements...
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