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In the Matter of DANIEL V. HOGAN et al., Appellants, v. STERLING T. GOODSPEED et al., Respondents. In the Matter of WILLIAM E. MONTGOMERY, III, Appellant,

On petitioner Montgomery's appeal, order affirmed, without costs, for the reasons stated in the Per Curiam opinion at the Appellate Division ( 196 A.D.2d 675).

Appeal by petitioners Hogan and Freebern dismissed, without costs, upon the ground that the two-Justice dissent at the Appellate Division was not a dissent in their favor (CPLR 5601 [a]).

Concur: Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH.

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MATTER OF HOGAN v. GOODSPEED
(Aug 26, 1993)