Ordered that the appeal from so much of the order as granted the plaintiff's application to discontinue the action without prejudice is dismissed, as no appeal lies as of right from that portion of the order (see, CPLR 5701 [a]), and we decline to grant leave; and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The Supreme Court properly denied...
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