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NOGHREY v. TOWN OF BROOKHAVEN

21 A.D.3d 1016 (2005)

801 N.Y.S.2d 620

PARVIZ NOGHREY, Respondent-Appellant, v. TOWN OF BROOKHAVEN et al., Appellants-Respondents.

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

September 19, 2005.

Ordered that on the Court's own motion, so much of the notice of appeal as purports to appeal as of right from that portion of the order which dismissed, sua sponte, the second amended complaint is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law and the facts, by deleting the provision thereof denying those branches of the defendants' motion...

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