Ordered that on the Court's own motion, the notice of appeal from so much of the order dated December 12, 2011, as, sua sponte, directed the dismissal of the complaint, with prejudice, and the cancellation of a certain notice of pendency filed against the subject property is deemed to be an application for leave to appeal from those portions of the order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
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