Wellman v Ajello

Wellman v Ajello 2010 NY Slip Op 01200 [70 AD3d 1401] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Ellis Clark Wellman, Jr., Respondent, v Ronald V. Ajello, Appellant, et al., Defendant. (Appeal No. 2.)

—[*1] Calli, Calli & Cully, Utica (Herbert J. Cully of counsel), for defendant-appellant. McLane, Smith and Lascurettes, L.L.P., Utica (Steven A. Smith of counsel), for plaintiff-respondent.

Appeal from a judgment of the Supreme Court, Oneida County (John W. Grow, J.), entered January 23, 2009 in an action pursuant to RPAPL article 15. The judgment declared that plaintiff is the owner of certain real property by adverse possession and directed defendant Ronald V. Ajello to remove and relocate his stockade fence.

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