| Gartley v Gartley |
| 2005 NY Slip Op 00891 [15 AD3d 997] |
| February 4, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Harry E. Gartley, Appellant, v Linda M. Gartley, Respondent. (Appeal No. 2.) |
—[*1]Appeal from an amended order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered January 27, 2004. The amended order divided plaintiff's retirement benefits as part of the division of the parties' marital property.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.
Same memorandum as in Gartley v Gartley (15 AD3d 995 [2005]). Present—Pine, J.P., Hurlbutt, Scudder, Gorski and Hayes, JJ.