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Ziecker v. Town of Orchard Park

147 A.D.2d 976 Court N.Y. App. Div. Decision date 1989-02-03 Docket Appeal No. 2 English

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p. 976
Larry Ziecker, Respondent, v Town of Orchard Park, Appellant, et al., Defendants.
(Appeal No. 2.)

— Appeal dismissed as academic without costs. All concur, except Pine and Davis, JJ., who dissent and vote to affirm in the same dissenting memorandum as in Ziecker v Town of Orchard Park ([appeal No. 1] 147 AD2d 974 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Fallon, J. — set aside verdict.) Present — Denman, J. P., Boomer, Pine, Balio and Davis, JJ.

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