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CIPPITELLI v. TOWN OF NISKAYUNA

277 A.D.2d 540 (2000)

715 N.Y.S.2d 110

VIRGINIO CIPPITELLI et al., Appellants, v. TOWN OF NISKAYUNA et al., Respondents.

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

Decided November 2, 2000.

Cardona, P. J.

The facts of this case are set forth in this Court's previous decision (256 A.D.2d 744). At that time, this Court affirmed Supreme Court's order entered May 22, 1997 which dismissed plaintiffs' complaint based upon their neglect to prosecute pursuant to CPLR 3404. This Court held that the matter was "not properly before [it and declined] to address the arguments raised...

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