Kelley v Zavalidroga
2008 NY Slip Op 07449 [55 AD3d 1392]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


James E. Kelley et al., Respondents, v Margaret Zavalidroga, Appellant. (Appeal No. 3.)

—[*1] Margaret Zavalidroga, defendant-appellant pro se.

Saunders, Kahler, Amoroso & Locke, L.L.P., Utica (Gregory J. Amoroso of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Oneida County (John W. Grow, J.), dated June 5, 2007 in a declaratory judgment action. The order denied the motion of defendant to dismiss the amended complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Kelley v Zavalidroga (55 AD3d 1391 [2008]). Present—Martoche, J.P., Lunn, Fahey and Pine, JJ.