Lombardo v D'Onofrio

[*1] Lombardo v D'Onofrio 2006 NY Slip Op 52552(U) [14 Misc 3d 134(A)] Decided on December 11, 2006 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 11, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : WESTON PATTERSON, J.P., GOLIA and RIOS, JJ
2005-2014 K C.

Lillian L. Lombardo, Appellant,

against

Harry D'Onofrio and VINCENT D'ONOFRIO and URSULA D'ONOFRIO, Respondents.

Appeal from an order of the Civil Court of the City of New York, Kings County (Kathy J. King, J.), entered October 21, 2005. The order granted defendants' motion to dismiss the complaint.

Order affirmed without costs.

Upon a review of the record, we are satisfied that the court below did not err in granting defendants' motion to dismiss the complaint based upon plaintiff's failure to state a cause of action (CPLR 3211 [a] [7]). Moreover, contrary to plaintiff's
contentions, there is nothing in the record to indicate that she was discriminated against because she represented herself in the proceedings.

Weston Patterson, J.P., Golia and Rios, JJ., concur.
Decision Date: December 11, 2006