JUN CARNEY PLAINTIFF RESPONDENT v. APPEAL NO (2018)

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

JUN W. CARNEY, PLAINTIFF–RESPONDENT, v. PATRICK J. CARNEY, DEFENDANT–APPELLANT. TIMOTHY P. DONAHER, APPELLANT. (APPEAL NO. 2.)

CA 17–01229

Decided: March 23, 2018

PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, NEMOYER, AND TROUTMAN, JJ.

HARRIS BEACH PLLC, PITTSFORD (SVETLANA K. IVY OF COUNSEL), FOR DEFENDANT–APPELLANT AND APPELLANT. MICHAEL STEINBERG, ROCHESTER, FOR PLAINTIFF–RESPONDENT.

OPINION AND ORDER

CHIEF DEFENDERS ASSOCIATION OF NEW YORK, ALBANY (JAMES A. HOBBS OF COUNSEL), AND THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO, FOR CHIEF DEFENDERS ASSOCIATION OF NEW YORK, AMICI CURIAE.

It is hereby ORDERED that said appeal insofar as taken by Timothy P. Donaher is unanimously dismissed and the order is vacated on the law without costs.

Same opinion as in Carney v. Carney ( [appeal No. 1]—AD3d—[Mar. 23, 2018] [4th Dept 2018] ).

Mark W. Bennett

Clerk of the Court

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