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Scott M. Harvey and Johanna Harvey v. Nicole M. Gaulin

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2009

SCOTT M. HARVEY AND JOHANNA HARVEY, PLAINTIFFS-RESPONDENTS,
v.
NICOLE M. GAULIN, DEFENDANT. COUNTY OF ORLEANS,
APPELLANT.

Appeal from a decision (denominated memorandum and decision) of the Supreme Court, Orleans County (James H. Dillon, J.), entered September 23, 2008 in a personal injury action.

1637

PRESENT: HURLBUTT, J.P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ.

MEMORANDUM AND ORDER (APPEAL NO. 1.)

The decision stated that the court would allow the late filings of the notice of claim. It is hereby ORDERED that said appeal is unanimously dismissed without costs. Same Memorandum as in Harvey v Gaulin ([appeal No. 2] ___ AD3d ___ [Dec. 30, 2009]).

Patricia L. Morgan Clerk of the Court

20091230

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