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TORIOLA v. KAHEN

13 A.D.3d 438 (2004)

785 N.Y.S.2d 709

ROSEMARY TORIOLA, Appellant, v. JOSEPH KAHEN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 13, 2004.

Ordered that on the Court's own motion, so much of the notice of appeal as purports to appeal from that portion of the order dated February 20, 2003, as, sua sponte, directed that the complaint be dismissed with prejudice is treated as an application for leave to appeal and leave to appeal is granted; and it is further,

Ordered that the order dated January 2, 2003, is affirmed insofar as appealed from; and it is further...

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