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MATTER OF FISCH v. AIKEN

252 A.D.2d 556 (1998)

675 N.Y.S.2d 885

In the Matter of Jerome Fisch, Respondent, v. Dorothy Aiken, Appellant

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

July 20, 1998

Ordered that the order is affirmed, with costs.

It is well settled that in a special proceeding, where no triable issues of fact are raised, the court may make a summary determination on the pleadings and papers submitted as if a motion for summary judgment were before it (see, CPLR 409 [b]; Matter of Friends World Coll. v Nicklin, 249 A.D.2d 393; Matter of Bahar v Schwartzreich, 204 A.D.2d...

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