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MATTER OF BUMP v. RUTTER

150 CA 21-00596.

206 A.D.3d 1571 (2022)

167 N.Y.S.3d 897

2022 NY Slip Op 03592

In the Matter of Roger Bump, Respondent, v. Brittany M. Rutter, Appellant.

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

WELCH FIRM LLP, CORNING (GEORGE J. WELCH, JR., OF COUNSEL), FOR RESPONDENT-APPELLANT.

BRENNA BOYCE PLLC, ROCHESTER (ROBERT L. BRENNA, JR., OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Whalen, P.J., Centra, Peradotto, NeMoyer and Winslow, JJ.

It is hereby ordered that the amended judgment so appealed from is unanimously reversed on the law without costs, the petition is dismissed, and the amended warrant for removal is vacated.

Memorandum: In this summary proceeding pursuant to RPAPL 713(3), respondent appeals from a judgment that granted petitioner's petition seeking to recover possession of certain real property and ordered that a warrant for removal be issued...

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