Schmitt v Schmitt

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Schmitt v Schmitt 2013 NY Slip Op 04464 Released on June 14, 2013 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on June 14, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, CARNI, WHALEN, AND MARTOCHE, JJ.
455 CA 12-01489

[*1]GERALD SCHMITT, PLAINTIFF-APPELLANT,

v

SANDRA SCHMITT, DEFENDANT-RESPONDENT. (APPEAL NO. 3.)


Appeal from a judgment of the Supreme Court, Erie County (John F. O'Donnell, J.), entered July 13, 2012 in a divorce action. The judgment granted defendant's attorney a default money judgment of $7,250.


KUSTELL LAW GROUP, LLP, BUFFALO (CARL B. KUSTELL OF COUNSEL), FOR PLAINTIFF-APPELLANT.
MARY ANNE CONNELL, ATTORNEY FOR THE CHILD, BUFFALO.


It is hereby ORDERED that said appeal is unanimously dismissed without costs (see CPLR 5511; Johnson v McFadden Ford, 278 AD2d 907).
Entered: June 14, 2013
Frances E. Cafarell
Clerk of the Court

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