Delisio v Newall (2004 NY Slip Op 50572(U))

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Delisio v Newall

2004 NY Slip Op 50572(U)

Decided on June 4, 2004

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 4, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2002-76 N C

JOANN DELISIO, Appellant,

against

BARBARA NEWALL, Respondent.

Appeal by plaintiff from an order of the District Court, Nassau County (E.

Maron, J.), entered November 20, 2001, which denied her motion seeking, in effect, to vacate a prior order.

Order unanimously affirmed without costs.

Although plaintiff in her moving papers failed to indicate the relief
requested, it appears that she sought to vacate a prior order which vacated a
default judgment against defendant and dismissed the action without prejudice. Inasmuch as plaintiff's moving papers failed to set forth any basis to warrant granting such relief, the order should not be disturbed.
Decision Date: June 04, 2004