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IN THE MATTER OF DEBERRY v. DUVALLE

10 A.D.3d 428 (2004)

780 N.Y.S.2d 742

In the Matter of ERIC L. DEBERRY et al., Respondents, v. MICHAEL DUVALLE et al., Appellants, et al., Respondent.

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

Decided August 19, 2004.

Ordered that the final order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly denied the cross petition. The record before this Court evinces that the appellants abandoned their cross petition when they instituted a separate proceeding to validate, seeking the same relief (see Matter of Gershel v Porr, 89 N.Y.2d 327

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