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MATTER OF MARINO v. TOWN OF SMITHTOWN

61 A.D.3d 761 (2009)

877 N.Y.S.2d 183

In the Matter of SUSAN MARINO et al., Respondents, v. TOWN OF SMITHTOWN et al., Appellants.

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

Decided April 14, 2009.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits; and it is further,

Ordered that one bill of costs is awarded to the appellants.

The appeal from the intermediate order must be dismissed, as no appeal lies as of right from an intermediate...

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