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JANGARATHIS v. JANGARATHIS

2 A.D.3d 495 (2003)

767 N.Y.S.2d 902

JOAN C. JANGARATHIS, Appellant, v. JAMES C. JANGARATHIS, Respondent, et al., Defendant.

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

December 8, 2003.

Ordered that the order dated October 9, 2002, is reversed insofar as appealed from, on the law, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a determination by a justice of that court of the merits of the motion and cross motion; and it is further,

Ordered that the appeal from the order dated March 4, 2003, is dismissed as academic, in light of our determination on the appeal from the order dated October 9, 2002...

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