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CARR v. BROOKHAVEN COMSEWOGUE UNION FREE SCH. DIST.

209 A.D.2d 371 (1994)

619 N.Y.S.2d 594

Richard M. Carr, Respondent, v. Brookhaven Comsewogue Union Free School District, Appellant, et al., Defendants, and Sun Life Insurance Fund and Annuity Company of New York et al., Respondents

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

November 7, 1994

Ordered that the appeal from the order dated February 1, 1993, is dismissed, as that order was superseded by the order dated July 6, 1993, made upon reargument; and it is further,

Ordered that the order dated July 6, 1993, is affirmed insofar as appealed from; and it is further,

Ordered that the respondents Richard Martin Carr and Sun Life Insurance Fund and Annuity Company of New York are awarded one bill of costs.

It is undisputed that the plaintiff...

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