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IN THE MATTER OF SIMMONS v. WILLS

54 A.D.3d 431 (2008)

863 N.Y.S.2d 90

In the Matter of PATSY A. SIMMONS et al., Respondents, v. RUBEN WILLS, Appellant, et al., Respondent.

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

August 20, 2008.

Ordered that the final order is affirmed, without costs or disbursements.

The Supreme Court properly granted the petition to invalidate the designating petition. "Where, as here, a case is tried without a jury, the Appellate Division's `authority is as broad as that of the trial court . . . and as to a bench trial it may render the judgment it finds warranted by the facts'" (Matter of Lehrer v Cavallo, 43 A.D.3d 1059, 1061...

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