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1115 THIRD AVENUE REST. CORP. v. NEW YORK LIFE INS. CO.

April 15, 2003

1115 THIRD AVENUE REST. CORP., APPELLANT,
v.
NEW YORK LIFE INSURANCE COMPANY, APPELLEE



The opinion of the court was delivered by: Lewis A. Kaplan, District Judge.

ORDER

In view of the lack of prejudice to appellee and the intervening filing of the appellant's brief, the motion to dismiss the appeal is denied. Appellant's counsel, however, is cautioned that such actions will not be tolerated in the future.

SO ORDERED.

20030415

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