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MATTER OF BARTOLOMEO v. SPAIN

286 A.D.2d 498 (2001)

729 N.Y.S.2d 633

In the Matter of FRANK BARTOLOMEO, Respondent, v. WILLIAM SPAIN et al., Appellants. (Proceeding No. 1.) In the Matter of FRANK BARTOLOMEO, Respondent, v. WILLIAM SPAIN et al., Appellants. (Proceeding No. 2.)

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

Decided August 27, 2001.

Ordered that the appeal is dismissed, without costs or disbursements.

No appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see, CPLR 5701 [b] [1]; Matter of Cotty v Board of Fire Commrs., 262 A.D.2d 639), and we decline to treat the notice of appeal as an application for leave...

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