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Ellen J. Gallagher, Plaintiff-Respondent v. Edward R. Gallagher

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 23, 2012

ELLEN J. GALLAGHER, PLAINTIFF-RESPONDENT,
v.
EDWARD R. GALLAGHER, DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered August 8, 2011 in a divorce action.

Gallagher v Gallagher

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 March 23, 2012

PRESENT: CENTRA, J.P., CARNI, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

(APPEAL NO. 2.)

The order, among other things, denied defendant's motion for recusal and held defendant in contempt of court.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by vacating the fifth ordering paragraph and as modified the order is affirmed without costs.

Same Memorandum as in Gallagher v Gallagher ([appeal No. 1] ___ AD3d ___ [Mar. 23, 2012]).

Entered: March 23, 2012

Frances E. Cafarell Clerk of the Court

20120323

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