Carney v Carney
2018 NY Slip Op 02035 [160 AD3d 230]
March 23, 2018
Peradotto, J.
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2018


[*1]
Jun W. Carney, Respondent,
v
Patrick J. Carney, Appellant. Timothy P. Donaher, Appellant. (Appeal No. 2.)

Fourth Department, March 23, 2018

Carney v Carney, 55 Misc 3d 1220(A), 2017 NY Slip Op 50667(U), vacated.

APPEARANCES OF COUNSEL

Harris Beach PLLC, Pittsford (Svetlana K. Ivy of counsel), for defendant-appellant and appellant.

Michael Steinberg, Rochester, for respondent.

Chief Defenders Association of New York, Albany (James A. Hobbs of counsel), and The Legal Aid Bureau of Buffalo, Inc., Buffalo, for Chief Defenders Association of New York, amici curiae.

{**160 AD3d at 230} OPINION OF THE COURT
Peradotto, J.

Same opinion as in Carney v Carney (160 AD3d 218 [2018] [appeal No. 1.]).

Whalen, P.J., Lindley, NeMoyer and Troutman, JJ., concur.

It is hereby ordered that said appeal insofar as taken by Timothy P. Donaher is unanimously dismissed and the order is vacated on the law without costs.