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BERGNER v. BERGNER

170 A.D.2d 421 (1991)

Mary S. Bergner, Appellant, v. Lloyd Bergner, Respondent

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

February 4, 1991

Ordered that on the court's own motion the plaintiff's notice of appeal is treated as an application for leave to appeal, the application is referred to Justice Sullivan, and leave to appeal is granted by Justice Sullivan (see, CPLR 5701 [b] [1]); and it is further,

Ordered that the order is modified by deleting the provision thereof scheduling the hearing for the time of trial of the action, and substituting therefor a provision directing that the hearing...

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