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MATTER OF USA NUTRITIONALS, INC.

306 A.D.2d 490 (2003)

761 N.Y.S.2d 524

In the Matter of USA NUTRITIONALS, INC. LAWRENCE SAYAGE, Respondent; GARY HARLEM et al., Appellants.

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

Decided June 23, 2003.

Ordered that the appeal from the Referee's report is dismissed (see CPLR 5701 [a] [2]); and it is further,

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the order and judgment is affirmed; and it is further,

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

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