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TOWN OF HAMLIN v. CONVERY

219 A.D.2d 883 (1995)

632 N.Y.S.2d 998

Town of Hamlin, Respondent, v. Brain J. Convery et al., Appellants

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

September 29, 1995

Motion to strike from appellants' brief denied.

Memorandum:

The pleadings of the prior proceeding involving the parties are properly in the record, and Supreme Court incorporated by reference its prior decision into the decision and order now on appeal. Thus, the objected to portions of defendants' brief are not dehors the record. Whether the arguments raised in defendants' brief are properly preserved is an issue...

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