Ordered that on the Court's own motion, the notice of appeal from the order dated March 12, 2009, is deemed to be an application for leave to appeal from that order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order dated December 9, 2008 is affirmed insofar as appealed from; and it is further,
Ordered that the order dated March 12, 2009 is modified, on the law, by deleting the provision thereof granting that...
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