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JACKSON TERRACE v. PATTERSON

159 Misc.2d 637 (1994)

611 N.Y.S.2d 430

Jackson Terrace Associates, Appellant, v. Sylvia A. Patterson, Respondent.

Supreme Court, Appellate Term, Second Department.

January 4, 1994

Attorney(s) appearing for the Case

Michael A. Fiechter, North Bellmore, for appellant. Bloom & Sperber, Mineola, for respondent.

DiPAOLA, P. J., INGRASSIA and LUCIANO, JJ., concur.

MEMORANDUM.

Appeal dismissed.

In this proceeding pursuant to RPAPL 711 (5), it appears that tenant made an oral application to dismiss based upon landlord's failure to serve a termination notice. Neither the application nor the facts supporting it appear in the record. Based on the application, the court wrote a decision purporting to grant the application and to dismiss the petition.

In our view, the appeal...

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