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MATTER OF REED v. COUNTY OF WESTCHESTER

243 A.D.2d 714 (1997)

664 N.Y.S.2d 567

In the Matter of Jacqueline Reed, Individually and as Parent and Natural Guardian of Stephen Reed, an Infant, Appellant, v. County of Westchester et al., Respondents

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

October 27, 1997

Ordered that the order is affirmed, with costs.

Since there was a final judgment on the merits dismissing this special proceeding, under the circumstances of this case, the petitioner should have moved pursuant to CPLR 5015 and not by way of a motion to renew under CPLR 2221 (see, Matter of Willard v Town Bd., 216 A.D.2d 861; Able v Able, 209 A.D...

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