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TUTUIANU v. STATE OF NEW YORK DEP'T OF SOC SERVS.

242 A.D.2d 476 (1997)

663 N.Y.S.2d 817

Michael Tutuianu, Appellant, v. State of New York Department of Social Services et al., Respondents

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

September 23, 1997

We deem the notice of appeal to be an application for leave to appeal to this Court and grant it. We affirm upon findings that respondent's default was due to an excusable misunderstanding as to the return date of the application, and that respondent has meritorious defenses going to jurisdiction as well...

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