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MATTER OF ROSEMARY CHINYE OKOLIE TORIOLA v. FLAHERTY

2011-04820 on Motion

88 A.D.3d 805 (2011)

932 N.Y.S.2d 907

2011 NY Slip Op 7229

In the Matter of ROSEMARY CHINYE OKOLIE TORIOLA, Petitioner, v. TIMOTHY J. FLAHERTY, Respondent.

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

Decided October 11, 2011.

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

Ordered that the motion is granted, and upon reargument, the decision, order, and judgment of this Court dated August 30, 2011 (Matter of Toriola v Flaherty, 87 A.D.3d 747 [2011]), is recalled and vacated, and the following decision, order, and judgment is substituted therefor:

Proceeding pursuant to CPLR article 78, inter...

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