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IN RE BIRNBAUM
Appellate Division of the Supreme Court of New York, Third Department.
Jul 1, 2010
McCarthy, J.
This matter is substantially similar, both in its procedural posture and on the relevant law, to this Court's recent decision in Matter of Sheeran v New York State Dept. of Transp. ( 68 AD3d 1199, lv granted 14 NY3d 707). Based on that decision, we reverse.
Ordered that the judgment is reversed, on the law, without costs, and petition dismissed.
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