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IN THE MATTER OF SHARPE v. STURM

28 A.D.3d 777 (2006)

814 N.Y.S.2d 229

In the Matter of JOHN SHARPE, Petitioner, and JAMES J. MINIHAN, Appellant, v. BARNETT STURM et al., Respondents.

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

April 25, 2006.

Ordered that the order and judgment is reversed insofar as appealed from, on the law, that branch of the motion which was pursuant to CPLR 3211 to dismiss the proceeding insofar as asserted by the appellant is denied, so much of the petition as is asserted by the appellant is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for a determination on the merits of that portion of the petition after the...

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