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MATTER OF ACTION REDI-MIX CORP. v. CIANCIULLI

309 A.D.2d 742 (2003)

765 N.Y.S.2d 263

In the Matter of ACTION REDI-MIX CORP., Petitioner, v. JOSEPH CIANCIULLI et al., Respondents. WILLIAM CONTI, Intervenor.

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

Decided October 6, 2003.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

This proceeding was erroneously transferred to this Court pursuant to CPLR 7804 (g). Nevertheless, this Court will retain jurisdiction for the purpose of deciding the case on the merits (see Seaview Assn. of Fire Is. v Department of Envtl. Conservation of State of N.Y., 123 A.D.2d 619 [1986];

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