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BOGGIN v. WILSON

14 A.D.3d 523 (2005)

789 N.Y.S.2d 168

ARLEE BOGGIN, Respondent v. ANNA M. WILSON et al., Appellants, et al., Defendant.

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

January 18, 2005.

Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal from that portion of the order which, sua sponte, vacated the arbitration award and restored the action to the trial calendar, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, that portion of the order which, sua sponte, vacated...

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