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KEITH BIERMAN, APPELLANT-res, v. ROSEMARIE LIMONCELLI, res-res

KEITH BIERMAN, APPELLANT-res, v. ROSEMARIE LIMONCELLI, res-res — (INDEX NO. 203533/11)In an action, inter alia, to set aside an agreement, stipulations of discontinuance, and a deed executed pursuant to said agreement, and for the return of an engagement ring, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Feinman, J.), entered July 24, 2012, as granted those branches of the defendant's motion which were to dismiss the complaint and vacate a notice of pendency and, sua sponte, imposed a sanction against him in the sum of $1,000, and the defendant cross-appeals from so much of the same order as denied those branches of her motion which were for an award of an attorney's fee and for an order referring the plaintiff and his counsel to the Nassau County District Attorney's office for prosecution.

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KEITH BIERMAN, APPELLANT-res, v. ROSEMARIE LIMONCELLI, res-res — (INDEX NO. 203533/11)In an action, inter alia, to set aside an agreement, stipulations of discontinuance, and a deed executed pursuant to said agreement, and for the return of an engagement ring, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Feinman, J.), entered July 24, 2012, as granted those branches of the defendant’s motion which were to dismiss the complaint and vacate a notice of pendency and, sua sponte, imposed a sanction against him in the sum of $1,000, and the defendant cross-appeals from so much of the same order as denied those branches of her motion which were for an award of an attorney’s fee and for an order referring the plaintiff and his counsel to the Nassau County District Attorney’s office for prosecution.

ORDERED that the notice of appeal from that portion of the order which, sua sponte, imposed a sanction against the plaintiff in the sum of $1,000 is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]), and is further,

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