OPINION OF THE COURT
MEMORANDUM.
Ordered that, on the court's own motion, defendant's notice of appeal is treated as an application for leave to appeal from so much of the Civil Court's order as, in effect, sua sponte searched the record and granted defendant partial summary judgment dismissing so much of the complaint as was asserted by plaintiff Fresh Acupuncture, P.C., and leave to appeal from that portion of the order is granted (see CCA 1702...
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