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LABUA v. WILLIAM FLOYD UNION FREE SCHOOL DISTRICT

272 A.D.2d 449 (2000)

708 N.Y.S.2d 333

JACK LABUA, Individually and as Father and Natural Guardian of DENISE LABUA, Respondent, v. WILLIAM FLOYD UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided May 15, 2000.

Ordered that the appeal is dismissed, with costs.

The order appealed from was superseded by a subsequent order dated July 15, 1999, which, based upon an affidavit of merit submitted by the plaintiff Denise LaBua, denied the defendant's cross motion with leave to renew upon the completion of discovery. Accordingly, the instant appeal is dismissed (see, Matter of Elishaba A., 269 A.D.2d 392

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