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O'Donnell v. County of Erie

159 A.D.2d 982 Court N.Y. App. Div. Decision date 1990-03-16 Docket Appeal No. 2 English

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p. 982
Kathryn O’Donnell, as Administratrix of the Estate of Josephine I. Dengler, Deceased, Respondent, v County of Erie, Appellant.
(Appeal No. 2.)

Appeal unanimously dismissed without costs as academic. Memorandum: Although we need not decide the issues raised, we note that a party should not be permitted to renew a motion upon which he has prevailed (see, Diviak v Schulefand, 140 AD2d 950 ; Hugelmaier v Town of Sweden, 101 AD2d 996 ). (Appeal from order of Supreme Court, Erie County, Gossel, J. — settle record.) Present — Denman, J. P., Green, Pine, Lawton and Lowery, JJ.

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