NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
November 13, 2009
GARY BEITER, APPELLANT,
MARY ANNE BEITER, RESPONDENT. (APPEAL NO. 2.)
Appeal from a second amended order of the Supreme Court, Monroe County (Daniel J. Doyle, J.), entered April 14, 2008 in a divorce action. The second amended order, among other things, adjudged that certain retirement benefits of plaintiff are marital property.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010
It is hereby ordered that said appeal is unanimously dismissed without costs (see Gartley v Gartley, 15 AD3d 995, 996 ).
Present---Hurlbutt, J.P., Centra, Fahey, Carni and Pine, JJ.
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