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STATE OF N.Y. EX REL. POSILLICO v. CAITHNESS LONG IS., LLC

2021-06542. Index No. 6357/18.

222 A.D.3d 1025 (2023)

203 N.Y.S.3d 155

2023 NY Slip Op 06768

State of New York ex rel. John Posillico et al., Appellants, v. Caithness Long Island, LLC, Respondent.

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

Decided December 27, 2023.

Attorney(s) appearing for the Case

Lawrence E. Kelly, named herein as Lawrence Kelly, Bayport, NY, appellant pro se and for appellants John Posillico and Eugene Cook.

Westerman Ball Ederer Miller Zucker & Sharfstein, LLP, Uniondale, NY ( Jeffrey A. Miller and Michael B. Weitman of counsel), for respondent.

Duffy, J.P., Maltese, Christopher and Landicino, JJ., concur.

In a qui tam action pursuant to State Finance Law § 189, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Elizabeth H. Emerson, J.), dated August 10, 2021. The order, insofar as appealed from, granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the second amended complaint.

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

The plaintiffs commenced this qui tam action pursuant to State Finance...

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