Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, reinstated so much of the order dated March 31, 2008, as denied the appellants' motion to dismiss the complaint/petition is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order is affirmed insofar as appealed from, with costs.
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