2014 NY Slip Op 03132
N.Y. App. Div. 4th
2014

Susan Gately, Respondent, v James Gately, Appellant. Thomas A. Palmer, Receiver, Respondent. (Appeal No. 2.)

Appellate Division, Fourth Department, New York

May 2, 2014

2014 NY Slip Op 03132 [117 AD3d 1491]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 2, 2014

D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for defendant-appellant. Damon Morey LLP, Buffalo (Michael J. Willett of counsel) and J. Adams & Associates, PLLC, Williamsville, for plaintiff-respondent.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for respondent.

Appeal from an order of the Supreme Court, Erie County (John F. O‘Donnell, J.), entered May 3, 2012. The order vacated a notice of pendency filed by defendant against plaintiff and the receiver.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Gately v Gately (117 AD3d 1490 [2014]). Present—Smith, J.P., Carni, Sconiers and Valentino, JJ.