Ordered that on the Court's own motion, the notice of appeal from so much of the order entered September 30, 2004 as, sua sponte, in effect, declined to exercise its jurisdiction and dismissed the action is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order entered September 30, 2004 is affirmed; and it is further,
Ordered that the appeal from so much of the order...
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