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RUBINFELD v. COUNTY OF SUFFOLK

2007-10259

2008 NY Slip Op 07227

JOSHUA RUBINFELD, appellant, v. COUNTY OF SUFFOLK, respondent.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Birbrower Beldock & Margolis, P.C. (Pollack, Pollack, Isaac & De Cicco, New York, N.Y. [Brian J. Isaac and Diane K. Toner], of counsel), for appellant.

Christine Malafi, County Attorney, Hauppauge, N.Y. (Christopher A. Jeffreys of counsel), for respondent.

Before: Steven W. Fisher, J.P., Robert A. Lifson, Joseph Covello, Ruth C. Balkin, Ariel E. Belen, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

In an order dated January 23, 2007, the Supreme Court granted the defendant's motion for summary judgment dismissing the complaint, without opposition from the plaintiff. In the order appealed from, the Supreme Court, inter alia, denied that branch of the plaintiff's motion which was to vacate that order. We affirm the order insofar as appealed from.

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