Ordered that on the Court's own motion, so much of the notice of appeal as purports to appeal as of right from the provision of the order that, sua sponte, dismissed the complaint is treated as an application for leave to appeal from that provision of the order, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiff's motion for leave to...
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