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MATTER OF GLASS v. GLASS, SANDERS, SMITH & MILLER, INC.

288 A.D.2d 384 (2001)

733 N.Y.S.2d 630

In the Matter of ANDREW S. GLASS, Appellant, v. GLASS, SANDERS, SMITH & MILLER, INC., et al., Respondents.

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

Decided November 19, 2001.

Ordered that on the Court's own motion, the notice of appeal from the order dated December 1, 2000, is deemed to be an application for leave to appeal, and leave to appeal from that order is granted; and it is further,

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in conditionally striking the petition since there was a showing that the petitioner's failure to complete his examination before trial was...

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