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MATTER OF HAMILTON

63 A.D.3d 937 (2009)

880 N.Y.S.2d 539

In the Matter of BERTHA L. HAMILTON, Deceased. ANN T. MIKOLL et al., Appellants.

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

Decided June 16, 2009.

Ordered that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, without costs or disbursements.

CPLR 5019 (a) provides a court with discretion to cure a "mistake, defect or irregularity" in a judgment regarding ministerial matters that do not...

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