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MATTER OF VARGAS v. STATE

Nos. 7626, 103126/11.

95 A.D.3d 588 (2012)

943 N.Y.S.2d 533

2012 NY Slip Op 3749

In the Matter of HECTOR VARGAS, Appellant, v. STATE OF NEW YORK et al., Respondents.

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

Decided May 10, 2012.

Upon exercising our power to review Supreme Court's order denying respondents' cross motion to dismiss this proceeding on procedural grounds (see CPLR 7804 [g]; Matter of Wittie v State of N.Y. Off. of Children & Family Servs., 55 A.D.3d 842, 843 [2008]; Matter of Desmone v Blum, 99 A.D.2d 170, 177 [1984]), we find that respondent's...

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