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MATTER OF GIANCOLA v. WHITMAN

2008-11334.

73 A.D.3d 1057 (2010)

899 N.Y.S.2d 897

In the Matter of FRED GIANCOLA, et al., Appellants, v. DEBORAH WHITMAN, Respondent, et al., Respondents.

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

Decided May 18, 2010.

Ordered that the order dated August 19, 2008, is reversed, on the law, with costs, the order dated April 3, 2007, is reversed, the motion of Deborah Whitman to dismiss the petition is denied, and the matter is remitted to the Civil Court, Kings County, for further proceedings consistent herewith.

For reasons stated in our decision and order on the companion appeal (see Matter of Giancola v Middleton, 

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