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RODRIGUEZ v. COLASUONNO

238 A.D.2d 329 (1997)

656 N.Y.S.2d 302

Joe Rodriguez, Respondent, v. Dominick Colasuonno et al., Appellants

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

April 7, 1997

Ordered that the order is modified, on the law, by deleting the provisions thereof which conditioned the dismissal of the complaint on the plaintiff's failure to comply with the directives of the court; as so modified, the order is affirmed, with costs to the appellants, and the complaint is dismissed.

Once a conditional order of dismissal becomes effective by its terms (see, Bock v Schiowitz,

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