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SWIFT v. COUNTY OF ONONDAGA

210 A.D.2d 993 (1994)

621 N.Y.S.2d 1001

Sheldon Swift, an Infant, by His Custodian, Wayne D. Swift, Respondent, v. County of Onondaga et al., Appellants

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

December 23, 1994

Judgment unanimously affirmed with costs.

Memorandum:

The notice of appeal states that this appeal is taken from an order entered March 16, 1993. A subsequent judgment subsumed that order. In the exercise of our discretion, we deem the appeal to have been taken from the subsequent judgment (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988). The notice of appeal limits the appeal to...

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