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FRANZA v. OLIN

194.1 CA 09-01223

73 A.D.3d 44 (2010)

897 N.Y.S.2d 804

SHARON FRANZA, Appellant, v. DUANE C. OLIN et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 19, 2010.

Attorney(s) appearing for the Case

Hoffmann, Hubert & Hoffmann, LLP, Syracuse ( Terrance J. Hoffmann of counsel), for appellant.

Mackenzie Hughes LLP, Syracuse ( W. Bradley Hunt of counsel), for respondents.

Concur—SMITH, J.P., LINDLEY, GREEN and GORSKI, JJ.

OPINION OF THE COURT

PERADOTTO, J.

By a "petition for declaratory judgment" pursuant to CPLR 3001, petitioner (hereafter, plaintiff) sought, inter alia, a declaration "that she has acquired title" to specified property surrounding her home based on adverse possession pursuant to RPAPL article 5, and she now appeals from a judgment declaring that she does not have such title. For the reasons that follow, we conclude that the application of the amendments...

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