Opinion
DOCKET NO. CA 10-02040
10-24-2013
NANCY A. EATON, PLAINTIFF-RESPONDENT, v. EDWARD M. EATON, DEFENDANT-APPELLANT.
PRESENT: , P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
Appellant having moved for reversal of Supreme Court's findings of contempt and the order of Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on July 22, 2008, and for other relief,
Now, upon reading and filing the affidavit of Edward M. Eaton sworn to August 28, 2013, the affirmation of Matthew M. Piston, Esq., dated September 3, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to appellant making a motion to vacate in Supreme Court, pursuant to CPLR 5015 (a) (5), upon the ground of this Court's reversal of Supreme Court's prior order of commitment dated July 15, 2005, and subsequently entered May 5, 2011 (see Eaton v Eaton, 98 AD3d 1239).
Frances E. Cafarell, Clerk