Ordered that the cross appeal is deemed dismissed pursuant to 22 NYCRR 1250.10(a); and it is further,
Ordered that on the Court's own motion, the appeal from so much of the order entered November 30, 2017, as, sua sponte, granted the defendant leave to commence either a separate proceeding pursuant to Business Corporation Law § 623 or an appraisal proceeding is deemed an application for leave to appeal from that portion of the order, and leave to appeal is granted...
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