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IN THE MATTER OF GARGANO v. CITY OF NEW YORK, DEPARTMENT OF FINANCE

26 A.D.3d 329 (2006)

809 N.Y.S.2d 165

In the Matter of RINALDO GARGANO, Appellant, v. CITY OF NEW YORK, DEPARTMENT OF FINANCE et al., Respondents, et al., Respondent.

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

February 7, 2006.

Ordered that the appeal from the order dated April 14, 2004, is dismissed; and it is further,

Ordered that on the Court's own motion, the notice of appeal from the order dated September 10, 2004, is treated as an application for leave to appeal and leave to appeal is granted; and it is further,

Ordered that the order dated September 10, 2004, is modified, on the law, by deleting the provision thereof, upon reargument...

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