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KEMP v. COUNTY OF SUFFOLK

61 A.D.3d 937 (2009)

878 N.Y.S.2d 135

RICHARD KEMP, Appellant, v. COUNTY OF SUFFOLK et al., Respondents.

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

Decided April 28, 2009.

Ordered that the appeal from the order dated February 20, 2008, is dismissed, as that order was superseded by the order dated July 29, 2008, made upon reargument; and it is further,

Ordered that the order dated July 29, 2008, is affirmed insofar as appealed from; and it is further,

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

"A party who has failed to comply with a demand for examination...

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