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Darlene Donald, Plaintiff-Respondent v. Devan E. Ahern

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 15, 2012

DARLENE DONALD, PLAINTIFF-RESPONDENT,
v.
DEVAN E. AHERN, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered September 22, 2011 in a personal injury action.

Donald v Ahern

Decided on June 15, 2012

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.

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND SCONIERS, JJ.

The order denied the motion of defendant to strike plaintiff's note of issue and certificate of readiness.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the note of issue and certificate of readiness are vacated.

Same Memorandum as in Donald v Ahern ([appeal No. 1] ___ AD3d ___ [June 15, 2012]).

Entered: June 15, 2012

Frances E. Cafarell Clerk of the Court

20120615

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