Schmitt v Schmitt
2013 NY Slip Op 04465 [107 AD3d 1532]
June 14, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


Gerald Schmitt, Appellant, v Sandra Schmitt, Respondent. (Appeal No. 4.)

—[*1] Kustell Law Group, LLP, Buffalo (Carl B. Kustell of counsel), for plaintiff-appellant.

Mary Anne Connell, Attorney for the Child, Buffalo.

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered July 13, 2012 in a divorce action. The order, inter alia, denied the motion of plaintiff for leave to reargue his posttrial motion.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]). Present—Centra, J.P., Fahey, Carni, Whalen and Martoche, JJ.