Jacob P. Myles v Necole R. Zayatz (2005 NY Slip Op 08463)

Myles v Zayatz

2005 NY Slip Op 08463 [23 AD3d 1162]

Decided on November 10, 2005

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 10, 2005

SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: HURLBUTT, J.P., SCUDDER, GORSKI, SMITH, AND LAWTON, JJ.

1271 CA 05-01189

[*1]JACOB P. MYLES, PLAINTIFF-RESPONDENT, ORDER

v

NECOLE R. ZAYATZ, DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Allegany County (James E. Euken, A.J.), entered July 13, 2004. The order, inter alia, denied the motion of defendant to vacate a judgment of divorce.

SCHIMMERLING LAW OFFICES, DELHI (THOMAS E. SCHIMMERLING OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM R. HITES, BUFFALO (D. DANIEL STEVANOVIC 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 10, 2005
JoAnn M. Wahl
Clerk of the Court