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DENNIS v. STOUT

24 A.D.2d 461 (1965)

Steven Dennis, an Infant, by His Guardian ad Litem, Seymour Dennis, et al., Respondents, v. Donald Stout, an Infant, by His Guardian ad Litem, Norman P. Stout, Appellant

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

June 7, 1965

Order affirmed, with $10 costs and disbursements.

While an order denying reargument is not appealable, an order granting reargument and adhering to the original decision (such as the one here) ordinarily supersedes the original order and is appealable. The defendant therefore properly limited his brief to the order made on reargument and properly abandoned his notice of appeal from the earlier order, dated February...

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