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TRETTER v. TRETTER

2007-08636 2008-00416

2008 NY Slip Op 07236

HERMANN TRETTER, ETC., appellant, v. AGNES TRETTER, ETC., ET AL., respondents.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Denis P. Kelleher, Brooklyn, N.Y., appellant.

Sarcone Law Firm, PLLC, White Plains, N.Y. (John A. Sarcone III and Pasquale Sommella of counsel), for respondents.

Before: Steven W. Fisher, J.P., Ruth C. Balkin, William E. McCarthy, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the appeal from the order entered August 14, 2007, is dismissed, as that order was superseded by so much of the order entered October 25, 2007, as was made upon reargument; and it is further,

ORDERED that the order entered October 25, 2007, is modified, on the law, by deleting the provision thereof which, upon reargument, adhered to so much of the original determination as granted the cross motion of the defendant, and substituting...

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