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ESPIE v. MURPHY

35 A.D.3d 346 (2006)

825 N.Y.S.2d 537

THOMAS ESPIE et al., Appellants, v. THOMAS MURPHY, Individually and as Former Town Supervisor of Town of Poughkeepsie, et al., Respondents. KENNETH J. McCULLOCH, Nonparty Appellant.

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

Decided December 5, 2006.

Ordered that the appeal from so much of the order as directed a hearing to determine that branch of the defendants' motion which was for an award of costs, expenses, and an attorney's fee, and the imposition of sanctions against the appellants is dismissed; and it is further,

Ordered that the appeal by Kenneth J. McCulloch from so much of the order as granted that branch of the motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred...

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