Appellate review of the dismissal of an action is normally available only after the grant of a motion for such relief, or the denial of a motion to vacate or modify the dismissal order. Because the dismissal order, under CPLR 3404, did not result from an order on notice, it is not appealable as of right. However, we deem the notice of appeal to be a motion for leave to appeal, and exercise our discretion (CPLR 5701 [c]) to grant leave and consider the merits of this appeal...
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