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MATTER OF NORTON v. TOWN OF ISLIP

70 A.D.3d 833 (2010)

In the Matter of HOWARD NORTON, Appellant-Respondent, v. TOWN OF ISLIP et al., Respondents-Appellants, et al., Respondents. PIERCE FOX COHALAN et al., Nonparty Respondents-Appellants.

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

Decided February 9, 2010.

Upon the papers filed in support of the motion and upon the papers filed in opposition thereto, it is

Ordered that the motion is granted and, upon reargument, the decision and order of this Court dated March 31, 2009 (Matter of Norton v Town of Islip, 60 A.D.3d 1069 [2009]), is recalled and vacated and the following decision and order is substituted therefor:

In a proceeding...

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