SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
September 30, 2011
PATRICIA J. CURTO, PLAINTIFF-APPELLANT,
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
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