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MATTER OF BROWN v. FOSTER

2009-05303.

73 A.D.3d 917 (2010)

900 N.Y.S.2d 432

In the Matter of LEESTHER BROWN, Appellant, v. MARY F. FOSTER et al., Respondents.

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

Decided May 11, 2010.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly granted the respondents' motion pursuant to CPLR 3211 (a) (7) and 7804 (f) to dismiss the petition in this proceeding. On a motion pursuant to CPLR 3211 (a) (7) and 7804 (f), only the petition is considered, all of its allegations are deemed true, and the petitioner is accorded the benefit of every possible inference (see Matter of...

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