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MATTER OF ZAIDINS v. HASHMALL

288 A.D.2d 316 (2001)

732 N.Y.S.2d 870

In the Matter of EARLE W. ZAIDINS, Appellant, v. JAY HASHMALL et al., Respondents.

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

Decided November 13, 2001.

Ordered that the order and judgment is modified by deleting the provision thereof granting that branch of the respondents' motion which was to dismiss the petition pursuant to CPLR 3211 (a) (7) and 7804 (f), and substituting therefor a provision denying that branch of the motion; as so modified, the order and judgment is affirmed insofar as appealed from, without costs or disbursements, and the petition is reinstated; and it is further,

Ordered that the respondents...

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