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PFEIFFER v. BYRNE

53 N.Y.2d 1021 (1981)

Robert Pfeiffer, Respondent-Appellant, v. Patricia Byrne, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1981.

Attorney(s) appearing for the Case

J. Jeffrey Weisenfeld for respondent-appellant.

Marcia Robinson Lowry for appellant-respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The appeal by Patricia Byrne, taken as of right, should be dismissed, without costs, upon the ground that the order of the Appellate Division does not finally determine the proceeding within the meaning of the Constitution. (CPLR 5601, subd [a].)

On the appeal by Robert Pfeiffer, the order of the Appellate Division, insofar as appealed from, should be affirmed, without costs, and the question certified...

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