| NANCY A. EATON V EDWARD M. EATON |
| Motion No: CA 10-02040 |
| Slip Opinion No: 2013 NY Slip Op 90119(U) |
| Decided on October 24, 2013 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 10-02040
| NANCY A. EATON, PLAINTIFF-RESPONDENT, V EDWARD M.
EATON, DEFENDANT-APPELLANT. |
Appellant having moved for reversal of Supreme Court's findings of contempt and the order of Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on July 22, 2008, and for other relief,
Now, upon reading and filing the affidavit of Edward M. Eaton sworn to August 28, 2013, the affirmation of Matthew M. Piston, Esq., dated September 3, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to appellant making a motion to vacate in Supreme Court, pursuant to CPLR 5015 (a) (5), upon the ground of this Court's reversal of Supreme Court's prior order of commitment dated July 15, 2005, and subsequently entered May 5, 2011 (see Eaton v Eaton, 98 AD3d 1239).
Entered: October 24, 2013
Frances E. Cafarell, Clerk