Smith v Schultz
2010 NY Slip Op 09818 [79 AD3d 1816]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


Mary Beth Smith, Respondent, v Paul F. Schultz, II, Appellant.

—[*1] Flaherty & Shea, Buffalo (Michael J. Flaherty of counsel), for defendant-appellant.

George W. Narby, Buffalo, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered October 14, 2009. The order partitioned certain real property.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Carni and Sconiers, JJ.