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AMBROSINO v. VILLAGE OF BRONXVILLE

58 A.D.3d 649 (2009)

JOSEPH AMBROSINO, Appellant, v. VILLAGE OF BRONXVILLE et al., Respondents.

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

January 20, 2009.

Ordered that on the Court's own motion, the notice of appeal is deemed an application for leave to appeal from so much of the order as, sua sponte, dismissed the first cause of action, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof, sua sponte, dismissing the first cause of action; as so modified, the order is affirmed insofar as appealed from, without...

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