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MAZUR BROTHERS, INC. v. STATE

59 A.D.3d 400 (2009)

872 N.Y.S.2d 671

MAZUR BROTHERS, INC., Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 1.) MAZUR BROTHERS REALTY, LLC, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 2.) MAZUR BROTHERS REALTY, LLC, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 3.) MAZUR BROTHERS, INC., Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 4.) (Claim Nos. 112658, 112659, 112660, 112661.)

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

Decided February 3, 2009.

Ordered that the appeal by the claimant Mazur Brothers, Inc., is dismissed, as it is not aggrieved by the portion of the order appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed insofar as appealed from by the claimant Mazur Brothers Realty, LLC, with costs.

Under all the circumstances presented, the Court of Claims properly granted the defendant's motion for leave to reargue...

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