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MATTER OF BRAUNSDORF v. KELLEHER

282 A.D. 1054 (1953)

In the Matter of Florence Braunsdorf, Individually and as Executrix of and Trustee under The Will of George W. Braunsdorf, Deceased, Appellant, v. John T. Kelleher, as Superintendent of The Department of Housing and Buildings of the Borough of Queens, City of New York, Respondent

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

December 14, 1953.

Order unanimously affirmed, with $10 costs and disbursements.

The order of February 26, 1952, as resettled by the order of April 23, 1952, was a final order and was appealable. That order dismissed the proceedings on the merits (Civ. Prac. Act, § 1296). The omission of a statement that the dismissal was on the merits did not render the order invalid. The Supreme Court, nearly one year after the resettlement of the order...

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