Robert Barry v Gerald W. Emerson

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Barry v Emerson 2004 NY Slip Op 08444 [12 AD3d 1206] Decided on November 19, 2004 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., HURLBUTT, KEHOE, GORSKI, AND HAYES, JJ.
1351 CA 04-00762

[*1]ROBERT BARRY, PLAINTIFF-RESPONDENT, ORDER

v

GERALD W. EMERSON, DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered December 1, 2003. The order granted plaintiff's motion for an order compelling defendant to distribute the remaining monies from a settlement agreement to plaintiff.

O'NEIL, CANTWELL, FEELEY & BROWNELL, BUFFALO (EARL K. CANTWELL II, OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAW OFFICE OF J. MICHAEL HAYES, BUFFALO (J. MICHAEL HAYES OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 19, 2004
JoAnn M. Wahl
Clerk of the Court