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OGGIONI v. OGGIONI

46 A.D.3d 646 (2007)

848 N.Y.S.2d 245

JOHN OGGIONI, Appellant, v. ELLEN OGGIONI et al., Respondents.

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

Decided December 11, 2007.

Ordered that the appeal from so much of the order dated January 9, 2006, as denied, as academic, the plaintiff's motion pursuant to CPLR 602 (a) for a joint trial of this action with a proceeding entitled probate proceeding, will of Frank Oggioni, pending in the Surrogate's Court, Suffolk County, under file No. 2335 P 2000, is dismissed as academic, without costs or disbursement; and it is further,

Ordered that the appeal from the order dated March 21, 2006, is dismissed...

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