Martinez v Dunkel
2010 NY Slip Op 09779 [79 AD3d 1784]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


Diane Martinez, Respondent, v Charles D. Dunkel, Appellant.

—[*1] Cohen & Lombardo, P.C., Buffalo (James J. Nash of counsel), for defendant-appellant.

Paul R. Didio, Buffalo, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered January 5, 2010. The order granted the motion of plaintiff to vacate an order of dismissal.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Green, Pine and Gorski, JJ.