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IN THE MATTER OF MICHAEL R.

6 A.D.3d 449 (2004)

774 N.Y.S.2d 360

In the Matter of SOLOMON T.R. MICHAEL R. et al., Respondents. JACOB L. et al., Nonparty Appellants.

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

April 5, 2004.

Ordered that the appeal from so much of the order as failed to decide the cross motion is dismissed, as the cross motion remains pending and undecided (see Katz v Katz, 68 A.D.2d 536 [1979]); and it is further,

Ordered that the order is reversed insofar as reviewed, on the law, and the motion is denied in its entirety; and it is further,

Ordered that one bill of costs is awarded to the nonparty-appellants.

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