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MATTER OF CAVALLO

2008-06477, 2008-06235.

66 A.D.3d 675 (2009)

885 N.Y.S.2d 642

2009 NY Slip Op 7251

In the Matter of the Estate of GREGORY CAVALLO, Also Known as GREGORY M. CAVALLO, Deceased. REBECCA PYTOSH, Appellant; MARIE CAVALLO, et al., Respondents.

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

Decided October 6, 2009.

Ordered that the appeal from the order is dismissed, as that order was superseded by the resettled order; and it is further,

Ordered that the resettled order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents, payable by the appellant personally.

"A party seeking discovery from a nonparty witness must show special circumstances" (Tannenbaum v Tenenbaum, 8 A.D.3d 360

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