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SAMERSON v. MATHER MEM'L HOSP.

90 N.Y.2d 870 (1997)

684 N.E.2d 271

661 N.Y.S.2d 822

Arvil Samerson et al., Respondents, v. Mather Memorial Hospital et al., Defendants. Suffolk County Department of Social Services, Nonparty Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1997.

Attorney(s) appearing for the Case

Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Vinicio R. D'Arquea and Paul G. Costello of counsel), for appellant.

Pegalis & Wachsman, P. C., Great Neck (James B. Baydar of counsel), for respondents.

Concur: Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, without costs, and matter remitted to Supreme Court, Suffolk County, for further proceedings (see, Cricchio v Pennisi, 90 N.Y.2d 296; Link v Town of Smithtown, 90 N.Y.2d 296

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