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SMITH v. PALONE

52 A.D.3d 1309 (2008)

860 N.Y.S.2d 361

LEWIS F. SMITH et al., Plaintiffs, and ROBERT S. OAKS, Appellant, v. GARY J. PALONE et al., Respondents.

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

Decided June 13, 2008.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Robert S. Oaks (plaintiff) appeals from an order denying his motion to hold defendants in contempt for failing to comply with the terms of a prior judgment. That prior judgment, which this Court modified in two respects not relevant to this appeal (Smith v Palone, 226 A.D.2d 1055

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