In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Brands, J.), dated October 27, 2003, which granted the defendants' oral applications to dismiss the complaint pursuant to CPLR 3126 (3).
Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
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