OPINION OF THE COURT
MEMORANDUM.
Ordered that, on the court's own motion, the notice of appeal is deemed an application for leave to appeal, and leave to appeal is granted (see CCA 1702[c]); and it is further ordered that the order is reversed, without costs, the discontinuance of the proceeding is vacated and the matter is remitted to the Civil Court for further proceedings in accordance with this decision and order.
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