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IN THE MATTER OF SLIZ v. COUNTY OF ERIE

17 A.D.3d 1161 (2005)

793 N.Y.S.2d 850

In the Matter of COLLEEN SLIZ, Respondent, v. COUNTY OF ERIE, Appellant.

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

April 29, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Respondent appeals from an order denying its "cross petition" seeking dismissal of the CPLR article 78 petition and affording respondent 30 days in which to file and serve an answer. Although no appeal lies as of right from an intermediate order in such a proceeding (see CPLR 5701 [b] [1]), we treat the notice of appeal as an...

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