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CRUCIATA v. CRUCIATA

10 A.D.3d 349 (2004)

780 N.Y.S.2d 761

PETER CRUCIATA, Plaintiff, v. JOSEPHINE CRUCIATA, Defendant. (Action No. 1.) JOSEPHINE CRUCIATA, Appellant, v PETER CRUCIATA, Respondent. (Action No. 2.)

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

Decided August 2, 2004.

Ordered that on the Court's own motion, the notice of appeal from the order dated December 15, 2003, is treated as an application for leave to appeal, and leave to appeal is granted; and it is further,

Ordered that the order dated December 15, 2003, is reversed insofar as appealed from, on the law, and, upon reargument, so much of the order dated May 29, 2003, as denied the cross motion is adhered to; and it is further;...

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