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MATTER OF LAZZARI v. TOWN OF EASTCHESTER

62 A.D.3d 1002 (2009)

878 N.Y.S.2d 904

In the Matter of RICHARD LAZZARI, Respondent, v. TOWN OF EASTCHESTER et al., Appellants.

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

Decided May 26, 2009.

Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the joinder of the Westchester County Department of Human Resources as a respondent in this proceeding, without prejudice to its right to assert any defenses or affirmative defenses, the service of the notice of petition and petition by the petitioner upon the Westchester County Department of Human Resources within 30 days after service upon...

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