C & M Air Systems, Inc. v. Custom Land Development Group II

—In a mortgage foreclosure action, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Barone, J.), entered June 18, 1998, as granted its ex parte motion to amend the interest provisions of the judgment of foreclosure and sale only to the extent of increasing the rate of interest set forth therein to 12% per annum.

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 [a] [2]; [c]); and it is further,

Ordered that the order is modified by…