Schaefer v Dehauski
2008 NY Slip Op 03762 [50 AD3d 1503]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


Richard Schaefer et al., Respondents, v Jill Dehauski, Appellant. (Appeal No. 2.)

—[*1] Helmer, Johnson, Misiaszek & Kenealy, Utica (George E. Curtis of counsel), for defendant-appellant.

Felt Evans, LLP, Clinton (Jay G. Williams, III, of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Oneida County (John W. Grow, J.), entered May 25, 2007. The order, following a hearing, directed defendant to remove a portion of the fence erected on her property.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs.

Same memorandum as in Schaefer v Dehauski (50 AD3d 1502 [2008]). Present—Martoche, J.P., Smith, Peradotto, Pine and Gorski, JJ.