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PEOPLE BY SPITZER v. BEN

55 A.D.3d 1306 (2008)

866 N.Y.S.2d 464

THE PEOPLE OF THE STATE OF NEW YORK, by ELIOT SPITZER, Attorney General of the State of New York, on Behalf of THE ULTIMATE CHARITABLE BENEFICIARIES, Respondent, v. SHEILA K. BEN, as Executrix of MICHAEL RISTAU, Deceased, Appellant, et al., Defendant.

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

October 3, 2008.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the cross motion in part and dismissing the third cause of action and as modified the order is affirmed without costs.

Memorandum:

On May 26, 2005, plaintiff commenced an action against Michael Ristau and Heart to Heart—Living With Addiction, Inc., a not-for-profit corporation formed by him. Ristau moved to...

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