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ABINANTI v. PASCALE

41 A.D.3d 395 (2007)

837 N.Y.S.2d 740

THOMAS J. ABINANTI, Appellant, v. GLORIA PASCALE, Respondent.

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

Decided June 5, 2007.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, in effect, directed dismissal of the complaint, is treated as an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof, in effect, directing dismissal of the complaint; as so modified, the order...

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