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MATTER OF AMATO v. BARRY

30 A.D.2d 699 (1968)

In the Matter of Ignazio G. Amato, Appellant, v. John L. Barry, Respondent

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

June 24, 1968

Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for further proceedings consistent herewith. No questions of fact have been considered.

On the return day of the proceeding, respondent cross-moved to dismiss the petition as insufficient in law (CPLR 7804, subd. [f]). It is clear on this record that this cross motion was not decided by Special Term and that, instead, Special Term dismissed...

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