Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provisions thereof denying that branch of the petition which was for leave to amend the notice of claim to substitute the public administrator as the party claimant and dismissing the proceeding with respect to that issue, and substituting therefor a provision granting that branch of the petition; as so modified, the order is affirmed, without costs or disbursements.
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