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MATTER OF KAREDES v. COLELLA

306 A.D.2d 769 (2003)

761 N.Y.S.2d 534

In the Matter of JOHN L. KAREDES, Respondent-Appellant, v. MICHAEL E. COLELLA, as Mayor of the Village of Endicott, et al., Appellants-Respondents.

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

Decided June 26, 2003.

Mugglin, J.

The sole issue remaining for resolution after our previous decision (292 A.D.2d 138 [2002]) and reversal and remittal by the Court of Appeals (100 N.Y.2d 45 [2003]) is respondents' argument that Supreme Court improperly treated its CPLR 3211 motion to dismiss as one for summary judgment without giving them the notice required by CPLR 3211 (c), thus depriving them of their right to...

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