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MILLER v. MILLER

2011-01876

90 A.D.3d 871 (2011)

934 N.Y.S.2d 714

2011 NY Slip Op 9288

DONNA E. MILLER, Respondent, v. LOUISE A. MILLER, Appellant.

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

Decided December 20, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in determining that the plaintiff, who does not reside in New York State, complied with CPLR 8501 (a) and an order of the Supreme Court, Westchester County, entered July 23, 2010, which directed her to post security for costs (see CPLR 8501 [a]; 8502). Accordingly, that branch

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