Elwell v Elwell

Elwell v Elwell 2006 NY Slip Op 08548 [34 AD3d 1338] November 17, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

Gordon H. Elwell, Jr., Appellant, v Maureen B. Elwell, Respondent. (Appeal No. 2.)

—[*1]Appeal from an order of the Supreme Court, Erie County (John F. O'Connell, J.), entered April 20, 2004. The order, among other things, assigned to defendant one half of the marital portion of plaintiff's military retirement benefits.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Elwell v Elwell (34 AD3d 1337 [2006]). Present—Hurlbutt, A.P.J., Gorski, Smith and Centra, JJ.