
    Shirley Scalice, Respondent, v Monica E. Carter, Appellant.
    (Appeal No. 2.)
    [825 NYS2d 652]
   Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered March 20, 2006. The order granted defendant’s motion to dismiss the complaint unless plaintiff served the summons and complaint on or before a certain date.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.E, Gorski, Smith and Pine, JJ.  