Kelly v Kelly
2005 NY Slip Op 04845 [19 AD3d 1109]
June 10, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 24, 2005


Marianne J. Kelly, Respondent, v John M. Kelly, Appellant. (Appeal No. 2.)

[*1]Appeal from an order of the Supreme Court, Monroe County (Alex R. Renzi, A.J.), entered April 26, 2004 in a divorce action. The order, among other things, directed defendant to pay plaintiff the amount of $13,625.13 for support arrears and directed defendant to fulfill the life insurance obligations as set forth in the judgment of divorce.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating the amount awarded in the first ordering paragraph and the amount of the judgment in the second ordering paragraph and as modified the order is affirmed without costs, and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the same memorandum as in Kelly v Kelly (19 AD3d — [2005]). Present—Scudder, J.P., Kehoe, Smith, Pine and Hayes, JJ.