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MATTER OF FIORE v. FABOZZI

2017-11347.

180 A.D.3d 678 (2020)

115 N.Y.S.3d 683

2020 NY Slip Op 00858

In the Matter of Glenn Fiore et al., Respondents-Appellants, v. Paul Fabozzi, Appellant-Respondent.

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

Decided February 5, 2020.

Ordered that on the Court's own motion, the proceeding is converted into an action, inter alia, to enforce a restrictive covenant, the order to show cause is deemed to be the summons, the petition is deemed to be the complaint and a motion for summary judgment on the complaint, and the respondent's opposition papers are deemed to be a cross motion for summary judgment dismissing the complaint (see CPLR 103[c]); and it is further,

Ordered that the order is affirmed...

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