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PAGAN v. COUNTY OF WESTCHESTER

2008-11257

69 A.D.3d 595 (2010)

891 N.Y.S.2d 283

2010 NY Slip Op 123

DOMINIQUE PAGAN et al., Appellants, v. COUNTY OF WESTCHESTER et al., Respondents.

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

Decided January 5, 2010.

Ordered that on the Court's own motion, the notice of appeal from the order dated August 28, 2008, is deemed to be an application for leave to appeal from that order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed, with costs.

Under the facts of this case, the Supreme Court properly granted the defendant's oral application, in effect, to dismiss the...

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