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COUNTY OF SULLIVAN v. EDWARD L. NEZELEK, INC.

54 A.D.2d 670 (1976)

County of Sullivan et al., Respondents, v. Edward L. Nezelek, Inc., Respondent, and Edward D. Stone and Associates, Appellant

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

October 28, 1976

Affirmed, with $40 costs and disbursements to respondents.

Appellant, Stone, appealed from that portion of the order-judgment as ordered consolidation. Appellant's claim that the court below was without jurisdiction because of failure to serve appellant with process in the manner prescribed by CPLR 403 (subd [c]) is rejected. Although the petition bore a new index number procured by petitioners and a caption different from that of the pending proceedings between the...

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