Ordered that on the Court's own motion, the notice of appeal from so much of the order and judgment as, sua sponte, dismissed the cause of action to recover damages for violation of due process rights pursuant to 42 USC § 1983 is deemed to be an application for leave to appeal from that portion of the order and judgment, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
Ordered that the order and judgment is affirmed insofar as appealed...
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