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MATTER OF REDMOND

2011-00503.

85 A.D.3d 917 (2011)

925 N.Y.S.2d 353

2011 NY Slip Op 5277

In the Matter of MATTHEW L. PETER M. REDMOND, Respondent; VIRGINIA E.M.L., Appellant.

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

Decided June 14, 2011.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as denied the appellant's application to dismiss the petition without prejudice to the commencement of a proceeding for the same relief in the Surrogate's Court, Queens County, or to transfer the matter to the Surrogate's Court, Queens County, pursuant to CPLR 325, is treated as an application for leave to appeal from that portion of the order, and leave to appeal is granted (see

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