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PACHECO v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
Dec 23, 2002
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DECISION ORDER

ORDERED that the appeal is dismissed, with costs.

The Supreme Court held the appellant's motion for summary judgment in abeyance, thus leaving the motion pending and undecided. Accordingly, the appeal is dismissed, without consideration of the merits (see GL Indus./Old Actions Labs v. Bell Bates, 293 A.D.2d 511; Lavi v. Old Cedar Dev. Corp., 281 A.D.2d 397; Katz v. Katz, 68 A.D.2d 536).

FEUERSTEIN, J.P., SMITH, O'BRIEN and GOLDSTEIN, JJ., concur.