Chargo v. Simons

*1482Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Romano, J.), entered July 21, 2009 in an action pursuant to RPAPL 861. The order, inter alia, granted defendant’s motion to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action pursuant to RPAPL 861 in June 2007 seeking damages for defendant’s trespass upon their property in March 2004. According to plaintiffs, defendant cut and removed trees therefrom without their permission. We conclude that Supreme Court properly…