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DJOGANOPOULOS v. POLKES

2011-05658.

95 A.D.3d 933 (2012)

944 N.Y.S.2d 217

2012 NY Slip Op 3591

NEVIN DJOGANOPOULOS et al., Respondents, v. JONATHAN D. POLKES et al., Appellants.

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

Decided May 8, 2012.

Ordered that on the Court's own motion, the appellants' notice of appeal from so much of the order as denied that branch of their motion which was to dismiss the petition is deemed an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme...

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