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they would not present a genuine issue of material fact in this
case. Petitioner’s conduct throughout the proceedings, and the
issues he has raised therein, suggests that any further discovery
would be utilized for purposes of delay. We do not agree with
petitioner that summary judgment is premature.
On the basis of the record, and considering all facts and
circumstances, we find that there are no genuine issues of
material fact presented in this case. Accordingly, we shall
grant respondent’s motion for summary judgment.
An appropriate order and
decision will be entered for
respondent.
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Last modified: May 25, 2011