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MATTER OF GRAVES v. DOAR

62 A.D.3d 874 (2009)

879 N.Y.S.2d 204

In the Matter of SHEILA GRAVES et al., Appellants, and FRED KAMINTZKY, Intervenor-Appellant, v. ROBERT DOAR, Respondent, et al., Respondent/Defendant.

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

Decided May 19, 2009.

Ordered that the appeal from the order entered October 3, 2007 is dismissed, as that order was superseded by the order and judgment entered December 27, 2007; and it is further,

Ordered that the order and judgment entered December 27, 2007 is reversed insofar as appealed from, on the law, so much of the order entered October 3, 2007, as denied that branch of the appellants' motion which was pursuant to CPLR article 9 for class certification is vacated, that branch...

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