Tomei v Tomei
2007 NY Slip Op 03374 [39 AD3d 1150]
April 20, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


Phyllis Tomei, Respondent-Appellant, v Pasquale Tomei, Appellant-Respondent. (Appeal No. 2.)

—[*1] Angelo T. Calleri, P.C., Rochester (Angelo T. Calleri of counsel), for defendant-appellant-respondent.

Odorisi Law Firm, East Rochester (Terrence C. Brown-Steiner of counsel), for plaintiff-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered February 22, 2006. The order granted plaintiff's motion to amend the qualified domestic relations order and denied defendant's cross motion to vacate that order.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the cross motion is granted and the qualified domestic relations order is vacated.

Same memorandum as in Tomei v Tomei (39 AD3d 1149 [2007]). Present—Hurlbutt, J.P., Martoche, Smith, Fahey and Green, JJ.