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ARVIL SAMERSON ET AL., RESPONDENTS, v. MATHER MEM'L HOSP., ET AL., DEFENDANTS, SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, NONPARTY APPELLANT.

 90 N.Y.2d 870, 684 N.E.2d 271, 661 N.Y.S.2d 822 (N.Y. Jul 01, 1997).
July 1, 1997

2 No. 208 SSM 10 [1997 NY Int. 136]
Decided July 1, 1997

This memorandum is uncorrected and subject to revision before publication in the New York Reports.


Submitted by Vinicio R. D'arquea, for appellant.
Submitted by James B. Baydar, for respondents.

MEMORANDUM:

* * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order reversed, without costs, and matter remitted to Supreme Court, Suffolk County, for further proceedings (see Cricchio v Pennisi, ___ NY2d ___, decided 3/25/97, as amended 7/1/97; Link v Town of Smithtown, ___ NY2d ___, decided 3/25/97, as amended 7/1/97). Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided July 1, 1997