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IN THE MATTER OF KRYZAN

55 A.D.3d 1133 (2008)

865 N.Y.S.2d 580

In the Matter of ALICE KRYZAN et al., Appellants, v. NEW YORK STATE BOARD OF ELECTIONS, Respondent, and CHRISTOPHER J. LEE, Respondent.

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

October 29, 2008.

Per Curiam.

Because the order dated October 27, 2008 and being appealed has never been entered, the motion by respondent Christopher J. Lee to dismiss this appeal is granted and the appeal is dismissed without prejudice (see Jemzura v Jemzura, 24 A.D.2d 809 [1965]).

Ordered that the motion is granted, without costs, and the appeal is dismissed, without...

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