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IN THE MATTER OF PATHAK v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

13 A.D.3d 634 (2004)

788 N.Y.S.2d 135

In the Matter of SHIVAJI PATHAK, Respondent, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent, and WENDY'S INTERNATIONAL, INC., et al., Appellants.

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

December 27, 2004.

Ordered that the appeals by Wendy's Old Fashioned Hamburgers of New York, Inc., and Wendy's Food Systems, Inc., are dismissed, as they are not parties to this proceeding and are not aggrieved by the judgment appealed from (see CPLR 5511); and it is further,

Ordered that on the Court's own motion, the notice of appeal by Wendy's International, Inc., is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701 [c]); and...

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