O'Neill v O'Neill
2019 NY Slip Op 05931 [174 AD3d 1525]
July 31, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 4, 2019


[*1]
 Thomas H. O'Neill, Jr., Appellant-Respondent,
v
Rose R. O'Neill, Respondent-Appellant. (Appeal No. 1.)

Law Office of Ralph C. Lorigo, West Seneca, James P. Renda, Buffalo, for plaintiff-appellant-respondent.

Kenney Shelton Liptak & Nowak LLP, Buffalo (Shari Jo Reich of counsel) and Schoeman Updike Kaufman & Gerber LLP, New York City, for defendant-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.) entered August 4, 2017. The order, among other things, denied defendant's motion for leave to reargue a prior application and denied plaintiff's cross motion for a downward modification of his maintenance obligation.

It is hereby ordered that said cross appeal is unanimously dismissed and the order is affirmed without costs.

Same memorandum as in O'Neill v O'Neill ([appeal No. 4] 174 AD3d 1526 [4th Dept 2019]). Present—Centra, J.P., Lindley, NeMoyer, Troutman and Winslow, JJ.