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JOHNSON v. SPENCE

286 A.D.2d 481 (2001)

730 N.Y.S.2d 334

IVY M. JOHNSON, Appellant-Respondent, v. DERMAN L. SPENCE, Also Known as DERMAN L. SPENCER, Respondent-Appellant.

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

Decided August 27, 2001.

Ordered that the appeal from the order dated March 8, 2000, is dismissed, as that order was superseded by the order dated August 4, 2000, made upon renewal and reargument; and it is further,

Ordered that the cross appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the order dated August 4, 2000, is modified...

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