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IN THE MATTER OF MICHAEL DIAMOND, appellant, v. JOHN C. GALLAGHER, ETC., ET AL., respondents.

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509).

SMITH, J.P., FRIEDMANN, ADAMS and COZIER, JJ., concur.

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IN THE MATTER OF DIAMOND v. GALLAGHER
(Feb 6, 2002)