Opinion
CA 04-01361.
February 4, 2005.
Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered January 27, 2004. The order divided plaintiff's annuity as part of the division of the parties' marital property.
Present: Pine, J.P., Hurlbutt, Scudder, Gorski and Hayes, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.
Same memorandum as in Gartley v. Gartley ( 15 AD3d 995).