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IN THE MATTER OF McCLAIN v. GROSSO

31 A.D.3d 765 (2006)

820 N.Y.S.2d 93

In the Matter of RODERICK McCLAIN, Petitioner, v. JOSEPH A. GROSSO et al., Respondents.

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

July 25, 2006.

Ordered that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; and it is further,

Adjudged that the petition is granted, on the law, without costs or disbursements, and the respondents are prohibited from enforcing the order dated May 26, 2006.

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