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IN THE MATTER OF FRANK RUSSO, et al., respondents, v. IRVING BLACK, ETC., et al., appellants.

ORDERED that on the court's own motion, the appellants' notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[b][1], [c]); and it is further,

ORDERED that the interlocutory judgment is affirmed, with costs, for the reasons stated in Matter of Cohen v. Board of Appeals of the Village of Saddle Rock (A.D.2d [decided herewith).

SANTUCCI, J.P., ALTMAN, FLORIO and GOLDSTEIN, JJ., concur.

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IN THE MATTER OF RUSSO v. BLACK
(Aug 26, 2002)