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IN THE MATTER OF FARBER v. HIMMELL

28 A.D.3d 762 (2006)

814 N.Y.S.2d 207

In the Matter of LEONARD FARBER, Respondent, v. LEWIS C. HIMMELL et al., Appellants.

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

April 25, 2006.

Ordered that the appeal from the order dated January 2, 2003 is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument (see Misek-Falkoff v. Village of Pleasantville, 207 A.D.2d 332 [1994]); and it is further;

Ordered that on the Court's own motion, the notice of appeal from the order dated July 31, 2002 is treated as an application for leave to appeal, and leave to appeal is granted...

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