MATTER OF WALSH v. KATZ

2009-09126.

66 A.D.3d 1052 (2009)

888 N.Y.S.2d 549

2009 NY Slip Op 7774

In the Matter of ARTHUR J. WALSH et al., Appellants-Respondents, v. ANITA S. KATZ et al., Respondents, and DANIEL C. ROSS, Defendant and Third-Party Plaintiff-Respondent-Appellant. STATE OF NEW YORK, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided October 29, 2009.


Ordered that the final order is modified, on the law, (1) by deleting from the first decretal paragraph thereof the words "without prejudice to renew their request of [sic] the issue of Respondent Ross' residency, should Respondent Ross fail to prevail on the remainder of this action carried forth as a Declaratory Judgment action," (2) by deleting from the fourth decretal paragraph thereof any reference to the State of New York, and (3) by deleting the provision thereof...

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