Gallagher v Gallagher
2012 NY Slip Op 02210 [93 AD3d 1315]
March 23, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


Ellen J. Gallagher, Respondent, v Edward R. Gallagher, Appellant. (Appeal No. 2.)

—[*1] D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for defendant-appellant.

Getnick, Livingston, Atkinson & Priore, LLP, Utica (Thomas L. Atkinson of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered August 8, 2011 in a divorce action. The order, among other things, denied defendant's motion for recusal and held defendant in contempt of court.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the fifth ordering paragraph and as modified the order is affirmed without costs.

Same memorandum as in Gallagher v Gallagher (93 AD3d 1311 [2012]). Present—Centra, J.P., Carni, Lindley, Sconiers and Martoche, JJ.