Swersky v. Swersky

In an action, inter alia, to recover *541damages for assault and intentional infliction of emotional distress, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Raab, J.), dated September 10, 2001, as denied her motion for a permanent order of protection, and, sua sponte, granted summary judgment to the defendant dismissing the complaint.

Ordered that the notice of appeal from so much of the order as, sua sponte, granted summary judgment to the defendant dismissing the complaint is treated as an application for leave to appeal from that…