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MATTER OF ESHAGHIAN

2014-03293, File No. 03-1916/D.

144 A.D.3d 1154 (2016)

2016 NY Slip Op 08074

43 N.Y.S.3d 377

In the Matter of ESHAGH ESHAGHIAN, Also Known as E. IKE ESHAGHIAN, Deceased. DAVID ESHAGHIAN, Respondent; MAHROKH ESHAGHIAN et al., Appellants.

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

Decided November 30, 2016.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, directed the dismissal of the appellants' counterclaims is deemed an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof, sua sponte, directing the dismissal of the appellants' counterclaims; as...

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