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SCHWARTZ v. SCHWARTZ

54 A.D.3d 400 (2008)

DONALD J. SCHWARTZ, Respondent-Appellant, v. HELEN SCHWARTZ, Appellant-Respondent.

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

August 19, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted; and it is further,

Ordered that the decision and order on motion of this Court dated January 22, 2008 (47 A.D.3d 795 [2008]) is recalled and vacated, and the following decision and order is substituted for the decision and order of this Court dated December 4, 2007 (Schwartz v Schwartz,...

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