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IN THE MATTER OF SIMPSON v. COUNTY OF WESTCHESTER

5 A.D.3d 780 (2004)

773 N.Y.S.2d 881

In the Matter of ERNIE SIMPSON, Appellant, v. COUNTY OF WESTCHESTER et al., Respondents.

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

March 29, 2004.

Ordered that the appeal from the judgment entered November 15, 2002, is dismissed, as the judgment was superseded by the amended judgment entered February 10, 2003; and it is further,

Ordered that the appeal from the order entered February 10, 2003, is dismissed, as the order is not appealable as of right (see CPLR 5701 [b] [1]), and we decline to grant leave because the order was superseded by the amended judgment and will be reviewed on the appeal therefrom...

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