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AUER v. DYSON

898 CA 19-00388.

176 A.D.3d 1618 (2019)

107 N.Y.S.3d 916

2019 NY Slip Op 07185

Martin S. Auer, Plaintiff, and Lawrence Sloane, Appellant, v. John S. Dyson et al., Constituting the Power of Authority of the State of New York, Respondents, et al., Defendant.

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

Decided October 4, 2019.

Attorney(s) appearing for the Case

AARON M. ZIMMERMAN , SYRACUSE, AND GARY LAVINE, FOR PLAINTIFF-APPELLANT.

HOLLAND & KNIGHT, LLP, NEW YORK CITY ( KATHERINE A. SKEELE OF COUNSEL), PUGH, JONES & JOHNSON, P.C., AND MICHAEL MCCARTHY , ASSISTANT GENERAL COUNSEL, NEW YORK POWER AUTHORITY, WHITE PLAINS, FOR DEFENDANTS-RESPONDENTS.

Present— Whalen, P.J., Smith, Centra, NeMoyer and Troutman, JJ.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Using an index number assigned to a declaratory judgment action that settled in the 1980s, Lawrence Sloane (plaintiff) moved by order to show cause in 2018 to, inter alia, "enforce" the various determinations made in the prior action. Plaintiff now appeals from an order that, inter alia, granted the motion of defendant Power Authority...

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