Ordered that on the Court's own motion, the notice of appeal from so much of the order as granted the defendant's cross application, in effect, pursuant to CPLR 3211(a)(7) to dismiss the complaint is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal from that portion of the order is granted; and it is further,
Ordered that the order is affirmed, with costs.
The plaintiff was charged by simplified information...
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