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NABORS v. TOWN OF SOMERS

54 A.D.3d 833 (2008)

863 N.Y.S.2d 813

ELIZABETH MILLER NABORS, Appellant, v. TOWN OF SOMERS, et al., Respondents, et al., Defendant.

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

September 16, 2008.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the application of the Town of Somers pursuant to CPLR 7804 (g) which was to transfer the converted proceeding insofar as asserted against it to the Appellate Division, Second Department, and substituting therefor a provision denying that branch of the application; as so modified, the order is affirmed, with costs to CSEA Local 1000/AFSCME payable by the plaintiff, and...

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