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THE PLASTIC SURGERY GROUP OF ROCHESTER, LLC v. EVANGELISTI

39 A.D.3d 1265 (2007)

832 N.Y.S.2d 840

THE PLASTIC SURGERY GROUP OF ROCHESTER, LLC, Appellant, v. STEPHEN M. EVANGELISTI, M.D., Defendant and Counterclaim Plaintiff-Respondent. RALPH P. PENNINO, M.D., et al., Counterclaim Defendants-Appellants. (Appeal No. 1.)

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

Decided April 20, 2007.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum:

Although the document on appeal in appeal No. 1 is denominated an amended and corrected decision and order, we conclude that it is a mere decision, from which no appeal lies (see Kuhn v Kuhn, 129 A.D.2d 967 [1987]). We affirm the order in appeal No. 2 for reasons...

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