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MATTER OF MONTANINO v. ROWLEY

39 A.D.3d 653 (2007)

831 N.Y.S.2d 916

In the Matter of PATRICIA MONTANINO et al., Petitioners, v. WILLIAM J. ROWLEY et al., Respondents.

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

Decided April 10, 2007.

Ordered that the motions pursuant to CPLR 3211 (a) (7) to dismiss the petition for failure to state a cause of action are granted; and it is further,

Adjudged that the proceeding is dismissed, on the merits; and it is further,

Ordered that the petitioners' cross motion for leave to conduct discovery and for the appointment of a referee is denied as academic; and it is further,

Ordered that one bill of costs is awarded to the respondents.

The...

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