Opinion
CA 03-01188.
February 11, 2004.
Appeal from an amended order of the Supreme Court, Monroe County (David D. Egan, J.), entered July 3, 2001. The order denied defendant's motion for a declaration that plaintiff's application for the execution of a qualified domestic relations order is time-barred and granted plaintiff's application.
DAVIDSON, FINK, COOK, KELLY GALBRAITH, LLP, ROCHESTER (S. GERALD DAVIDSON OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL L. CALVETE, NORTH CHILI, FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: GREEN, J.P., SCUDDER, GORSKI, LAWTON, AND HAYES, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Loafin' Tree Rest. v. Pardi [appeal No. 1], 162 A.D.2d 985).