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MATTER OF NEW YORK STATE COMM'R OF CORR. v. GULOTTA

194 A.D.2d 540 (1993)

598 N.Y.S.2d 547

In the Matter of New York State Commissioner of Correction, Appellant, v. Thomas S. Gulotta et al., Respondents

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

June 1, 1993

Ordered that the order and judgment is modified, on the law, by (1) deleting the first, second, fourth, and sixth decretal paragraphs thereof, and by substituting therefor a provision denying the respondents' cross motion for summary judgment and dismissing their counterclaims, without prejudice, and (2) adding the phrase "without prejudice" to the fifth decretal paragraph thereof, dismissing the amended verified petition; as so modified, the order and judgment is affirmed...

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