Ordered that on the Court's own motion, the notice of appeal dated February 7, 2012, is deemed to be a notice of appeal by the plaintiff (see CPLR 2001; Matter of Tagliaferri v Weiler,
Ordered that the order is affirmed; and it is further,
Ordered that one bill of costs is awarded to the defendant.
On a motion to dismiss the complaint pursuant to CPLR 3211...
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