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BURSTEIN v. SULLIVAN

2009-162 S C.

27 Misc.3d 25 (2010)

899 N.Y.S.2d 801

MICHAEL BURSTEIN, DDS, Appellant, v. PATRICIA FRIED SULLIVAN, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided February 5, 2010.

Attorney(s) appearing for the Case

Arnold A. Arpino & Associates, P.C., Smithtown ( Rory Alarcon of counsel), for appellant.

NICOLAI, P.J., MOLIA and IANNACCI, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that, upon the court's own motion, the notice of appeal from the order dated March 26, 2008 is deemed an application for leave to appeal, and leave to appeal is granted (see UDCA 1702 [c]); and it is further, ordered that the order dated March 26, 2008 is reversed without costs and the matter is remitted to the District Court for a determination of plaintiff...

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