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DANTE ALBERI, Appellant, v. JOHN ROSSI, Respondent.

Appeal dismissed, without costs or disbursements.

An order striking scandalous or prejudicial matter from a pleading is not appealable as of right (CPLR 5701 [b] [3]). Permission to appeal has not been sought and we are not inclined to grant it sua sponte. Accordingly, dismissal is required ( Tudor v Riposanu, 93 A.D.2d 718). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.

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ALBERI v. ROSSI
(Feb 19, 1985)