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SHARPE v. OSORIO

21 A.D.3d 467 (2005)

800 N.Y.S.2d 213

YVONNE SHARPE, Respondent, v. ROBERT OSORIO et al., Appellants.

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

August 15, 2005.

Ordered that the order dated October 22, 2004, is reversed insofar as appealed from, on the law, the order dated December 10, 2004, is vacated, and that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3216 for want of prosecution is granted; and it is further,

Ordered that the appeal from the order dated December 10, 2004, is dismissed as academic; and it is further,

Ordered that...

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