Ordered that on the Court's own motion, the 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 reversed insofar as appealed from, on the law, with costs, and those branches of the motion which were pursuant to CPLR 3211 (a) (7) and 7804 (f) to dismiss the causes of action pursuant to CPLR 7803 (3) alleging that the determination was arbitrary and...
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