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MELCHER v. APOLLO MEDICAL FUND MANAGEMENT L.L.C.

No. 85 SSM 5.

18 N.Y.3d 915 (2012)

965 N.E.2d 958

942 N.Y.S.2d 456

2012 NY Slip Op 1325

JAMES L. MELCHER, Appellant, v. APOLLO MEDICAL FUND MANAGEMENT L.L.C. et al., Respondents.

Court of Appeals of New York.

Decided February 21, 2012.

Attorney(s) appearing for the Case

Patterson Belknap Webb & Tyler LLP, New York City ( Stephen P. Younger of counsel), for appellant.

Windels Marx Lane & Mittendorf, LLP, New York City ( Scott R. Matthews of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, the appeals by plaintiff that were dismissed in the October 2010 order of the Appellate Division reinstated, and the case remitted to the Appellate Division for further proceedings in accordance with this memorandum.

In its October 2010 order, brought up for review on this appeal, the Appellate Division sua sponte dismissed...

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