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IN THE MATTER OF FEUSTEL v. ROSENBLUM

24 A.D.3d 549 (2005)

808 N.Y.S.2d 297

In the Matter of NOEL FEUSTEL, Petitioner, v. SCOTT S. ROSENBLUM et al., Respondents.

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

December 12, 2005.

Ordered that the motions are granted; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, with costs.

On July 29, 2005, before filing this proceeding, the petitioner filed a similar declaratory judgment action in the Supreme Court, Suffolk County. That action, which has five respondents in common with this proceeding, is still pending.

Pursuant to CPLR 3211 (a) (4), a court has broad discretion as to the disposition...

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