Guerriero v Ritzel
2004 NY Slip Op 09785 [13 AD3d 1234]
Decided on December 30, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PINE, J.P., HURLBUTT, SCUDDER, KEHOE, AND LAWTON, JJ.

1114 CA 04-00823

[*1]MARCELLA GUERRIERO, PLAINTIFF-APPELLANT, ORDER

v

RONALD G. RITZEL, DEFENDANT-RESPONDENT.



Appeal from a judgment (denominated order) of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered July 29, 2003. The judgment dismissed the amended complaint in an action pursuant to RPAPL article 15.


COHEN & COHEN, LLP, UTICA (RICHARD COHEN OF COUNSEL), FOR PLAINTIFF-APPELLANT.
RANDAL B. CALDWELL, MARCY, FOR DEFENDANT-RESPONDENT.


It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court