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MATTER OF FUSCO v. SPANO

275 A.D.2d 427 (2000)

713 N.Y.S.2d 126

In the Matter of JOSEPH FUSCO, Appellant, v. NICK SPANO, Respondent, et al., Respondent.

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

Decided August 23, 2000.

Ordered that the final order is affirmed, without costs or disbursements.

The petitioner contends that the respondent Nick Spano failed to timely institute a proceeding to validate the designating petition or timely interpose an answer in this proceeding containing the affirmative defense of failure to join a necessary party. Contrary to the petitioner's contention, the assertion by Spano in his answer of an affirmative defense alleging failure to join a necessary...

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