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MATTER OF WICKES JR. v. KAPLAN

304 A.D.2d 769 (2003)

758 N.Y.S.2d 383

In the Matter of IRA WICKES, JR., et al., Respondents, v. DENNIS KAPLAN et al., Appellants.

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

Decided April 21, 2003.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the order is vacated, the determination is confirmed, and the proceeding is dismissed on the merits; and it is further,

Ordered that one bill of costs is awarded to the appellants.

The appeal from the intermediate order must be dismissed because no appeal lies as of right from an order in a proceeding

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