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DISILVESTRO v. SAMLER

32 A.D.3d 987 (2006)

821 N.Y.S.2d 632

ZACHARY DISILVESTRO et al., Appellants-Respondents, v. DANIEL SAMLER et al., Respondents-Appellants.

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

September 26, 2006.

Ordered that the appeal by the defendant Daniel Samler, an infant by his parents and natural guardians, is dismissed, as he is not aggrieved by the order appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

On April 14, 2002 the then 13-year-old infant plaintiff went to the home of the defendants Nelson J. Samler III and Mary J. Samler (hereinafter the Samlers...

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