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WESTFALL v. COUNTY OF ERIE

281 A.D.2d 979 (2001)

722 N.Y.S.2d 327

SARA L. WESTFALL et al., as Coadministrators of the Estate of SARA F. WESTFALL, Also Known as SARA F. HOOPER, Deceased, Appellants, v. COUNTY OF ERIE et al., Defendants. MISERENDINO, CELNIKER, SEEGERT & ESTOFF, P. C., Respondent.

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

Decided March 21, 2001.

Judgment unanimously affirmed with costs.

Memorandum:

A judgment was entered subsequent to the entry of the order from which this appeal was taken. Although the order is subsumed within the judgment and the appeal is properly from the judgment, not the order (see, Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988), we exercise our discretionary power to treat the appeal as one taken from the judgment (see...

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