| Scalice v Carter |
| 2006 NY Slip Op 09815 [35 AD3d 1218] |
| December 22, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Shirley Scalice, Respondent, v Monica E. Carter, Appellant. (Appeal No. 2.) |
—[*1]Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered March 20, 2006. The order granted defendant's motion to dismiss the complaint unless plaintiff served the summons and complaint on or before a certain date.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.P., Gorski, Smith and Pine, JJ.