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CAPOTOSTO v. CITY OF NEW YORK

288 A.D.2d 419 (2001)

734 N.Y.S.2d 102

MARY CAPOTOSTO et al., Appellants, v. CITY OF NEW YORK, Respondent, and ROBERT NOBLIN, Appellant. (Action No. 1.) ROBERT K. NOBLIN, Appellant, v. CITY OF NEW YORK, Respondent. (Action No. 2.)

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

Decided November 26, 2001.

Ordered that the appeal by Robert K. Noblin from so much of the order as dismissed the complaint in Action No. 2 is dismissed as abandoned, without costs or disbursements, for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [e]); and it is further,

Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting that branch of the motion of the City of New York which was to dismiss Robert...

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