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Patricia J. Curto, Plaintiff-Appellant v. Mark Diehl and Melissa Schmigel

September 30, 2011

PATRICIA J. CURTO, PLAINTIFF-APPELLANT,
v.
MARK DIEHL AND MELISSA SCHMIGEL, DEFENDANTS-RESPONDENTS.



Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), dated December 22, 2009.

Curto v Diehl

Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 30, 2011

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, SCONIERS, AND GORSKI, JJ.

(APPEAL NO. 2.)

The order denied the motion of plaintiff seeking leave to reargue her opposition to defendants' motion to vacate a default judgment.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984).

Entered: September 30, 2011

Patricia L. Morgan Clerk of the Court

20110930

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