| King v King |
| 2005 NY Slip Op 00725 [15 AD3d 1014] |
| Decided on February 4, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., KEHOE, GORSKI, PINE, AND HAYES, JJ.
79 CA 04-01434
[*1]ANN F. KING, PLAINTIFF-RESPONDENT, ORDER
v
MURRAY F. KING, DEFENDANT-APPELLANT. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Ontario County (James R. Harvey, A.J.), entered August 11, 2003 in a divorce action. The order, which was entered after a nonjury trial, granted plaintiff a divorce on the ground of cruel and inhuman treatment.
STEPHEN D. ARONSON, CANANDAIGUA, FOR DEFENDANT-APPELLANT.
BARNEY & AFFRONTI, LLP, ROCHESTER (FRANCIS C. AFFRONTI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation discontinuing action signed by the attorneys for the parties on December 15 and 20, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 4, 2005
JoAnn M. Wahl
Clerk of the Court