*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 192

CA 11-01357

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND LINDLEY, JJ. KIMBERLY B. ROONEY,

PLAINTIFF-RESPONDENT-APPELLANT,

V MEMORANDUM AND ORDER JOHN E. ROONEY,

DEFENDANT-APPELLANT-RESPONDENT.

(APPEAL NO. 4.) D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

KAMAN, BERLOVE, MARAFIOTI, JACOBSTEIN & GOLDMAN, LLP, ROCHESTER (RICHARD GLEN CURTIS OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT. Appeal and cross appeal from an order of the Supreme Court, Monroe County (John M. Owens, J.), entered June 27, 2011 in a divorce action. The order directed defendant to pay to plaintiff $3,500 for counsel fees related to her defense on her appeals.

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

Same Memorandum as in Rooney v Rooney ([appeal No. 3] ___ AD3d ___ [Feb. 17, 2012]).

Entered: February 17, 2012 Frances E. Cafarell

Clerk of the Court