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MATTER OF MARKEL v. SMOLINSKI

57 N.Y.2d 743 (1982)

In the Matter of Sheldon Markel, Appellant, v. Philip D. Smolinski et al., Respondents.

Court of Appeals of the State of New York.

Decided September 10, 1982.

Attorney(s) appearing for the Case

Howard Lipman and Philip M. Marshall for appellant.

Eugene F. Pigott, Jr., County Attorney (Roger D. Avent of counsel), for Philip D. Smolinski and another, respondents.

Dennis E. Ward for Mary R. Albarella, respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.

Order affirmed, without costs, for reasons stated in the memorandum at the Appellate Division (89 A.D.2d 1052

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