Ordered that the appeal from the order is dismissed, as no appeal lies of right from an order which does not determine a motion made on notice (see CPLR 5701 [a] [2]), and we decline to grant leave to appeal since the appeal is academic in light of our determination of the appeal from the decree; and it is further,
Ordered that the decree is affirmed insofar as appealed from; and it is further,
Ordered that one Bill of costs is awarded to the nonparty...
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