EDWARD PISKORZ PLAINTIFF APPELLANT v. MARILYN PISKORZ DEFENDANT RESPONDENT (2011)

Supreme Court, Appellate Division, Fourth Department, New York.

EDWARD A. PISKORZ, PLAINTIFF-APPELLANT, v. MARILYN PISKORZ, DEFENDANT-RESPONDENT.

CA 10-01598

Decided: February 10, 2011

PRESENT: CENTRA, J.P., LINDLEY, SCONIERS, GREEN, AND GORSKI, JJ.

ZARCONE ASSOCIATES, PLLC, AMHERST (KELLY V. ZARCONE OF COUNSEL), FOR PLAINTIFF-APPELLANT. SHARON ANSCOMBE OSGOOD, BUFFALO, FOR DEFENDANT-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: On this appeal by plaintiff from a qualified domestic relations order (QDRO), we note that no appeal lies as of right from such an order (see Irato v. Irato, 288 A.D.2d 952). Nevertheless, inasmuch as plaintiff “raised timely objections prior to the entry of the QDRO and thereby preserved a record for our review,” we treat the notice of appeal as an application for leave to appeal and grant the application (id. at 952). Upon considering the merits of plaintiff's contention, we affirm the order.

Patricia L. Morgan

Clerk of the Court

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