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ELIA v. PERLA

2015-10819, 2016-01463. Index No. 603535/13.

150 A.D.3d 962 (2017)

55 N.Y.S.3d 305

2017 NY Slip Op 03930

SAMIR ELIA, Also Known as SAMYR ELIA, Appellant, v. DANIEL PERLA et al., Respondents.

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

Decided May 17, 2017.

Ordered that the appeal from the order dated September 21, 2015, is dismissed, as the plaintiff is not aggrieved by the portion of the order appealed from (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144, 156-157 [2010]; see also Katz v Katz, 68 A.D.2d 536, 542-543 [1979]), and, in any event, the portion of the order appealed from was superseded by the order dated January 7, 2016...

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