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Delisio v. Newall

Appellate Term of the Supreme Court of New York, Second Department
Jun 4, 2004
2004 N.Y. Slip Op. 50572 (N.Y. App. Term 2004)

Opinion

2002-76 NC.

Decided June 4, 2004.

Appeal by plaintiff from an order of the District Court, Nassau County (E. Maron, J.), entered November 20, 2001, which denied her motion seeking, in effect, to vacate a prior order.

Order unanimously affirmed without costs.

PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.


Although plaintiff in her moving papers failed to indicate the relief requested, it appears that she sought to vacate a prior order which vacated a default judgment against defendant and dismissed the action without prejudice. Inasmuch as plaintiff's moving papers failed to set forth any basis to warrant granting such relief, the order should not be disturbed.


Summaries of

Delisio v. Newall

Appellate Term of the Supreme Court of New York, Second Department
Jun 4, 2004
2004 N.Y. Slip Op. 50572 (N.Y. App. Term 2004)
Case details for

Delisio v. Newall

Case Details

Full title:JOANN DELISIO, Appellant, v. BARBARA NEWALL, Respondent

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jun 4, 2004

Citations

2004 N.Y. Slip Op. 50572 (N.Y. App. Term 2004)