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MARTINEZ v. ULLOA

2013-1722 K C

50 Misc.3d 45 (2015)

22 N.Y.S.3d 787

2015 NY Slip Op 25333

TEODULO MARTINEZ et al., Respondents, v. SIXTO ULLOA, Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided September 25, 2015.

Attorney(s) appearing for the Case

Sixto Ulloa, appellant pro se.

ALIOTTA and ELLIOT, JJ., concur; WESTON, J.P., dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that, on the court's own motion, the notice of appeal from the decision dated May 2, 2013 is deemed a premature notice of appeal from the final judgment entered January 12, 2015 (see CPLR 5520 [c]); and it is further ordered that the final judgment is modified by providing that the petition is dismissed; as so modified, the final judgment is affirmed, without...

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