Beiter v Beiter
2009 NY Slip Op 08369 [67 AD3d 1417]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


Gary Beiter, Appellant, v Mary Anne Beiter, Respondent. (Appeal No. 2.)

—[*1] Maureen A. Pineau, Rochester, for plaintiff-appellant.

Cerulli, Massare & Lembke, Rochester (Edward J. Massare of counsel), for defendant-respondent.

Appeal from a second amended order of the Supreme Court, Monroe County (Daniel J. Doyle, J.), entered April 14, 2008 in a divorce action. The second amended order, among other things, adjudged that certain retirement benefits of plaintiff are marital property.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Gartley v Gartley, 15 AD3d 995, 996 [2005]). Present—Hurlbutt, J.P., Centra, Fahey, Carni and Pine, JJ.