Ordered that on the Court's own motion, the appellant's notice of appeal is treated as 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, with costs.
The Supreme Court providently exercised its discretion in awarding an attorney's fee in this case (see, Vicinanzo v Vicinanzo,
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