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TRUE v. TRUE

63 A.D.3d 1145 (2009)

882 N.Y.S.2d 261

JOHN M. TRUE, Respondent-Appellant, v. D. ROBIN TRUE, Appellant-Respondent.

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

Decided June 30, 2009.

Ordered that on the Court's own motion, the notice of cross appeal is deemed to be an application for leave to cross-appeal, and leave to cross-appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof directing a hearing to determine the sum owed by the defendant to the plaintiff for the taxes the plaintiff, in effect, overpaid upon redemption of the subject securities by the...

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