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Lynn M. Delbello, Plaintiff-Respondent v. Thomas M. Delbello

November 9, 2012

LYNN M. DELBELLO, PLAINTIFF-RESPONDENT,
v.
THOMAS M. DELBELLO, DEFENDANT-APPELLANT. (APPEAL NO. 3.)



Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered May 12, 2011 in a divorce action.

DelBello v DelBello

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.

Released on November 9, 2012

PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND VALENTINO, JJ.

The order, among other things, disbursed funds in the escrow account of plaintiff's attorney.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by vacating the second ordering paragraph and as modified the order is affirmed without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same Memorandum as in Delbello v Delbello ([appeal No. 1] ___ AD3d ___ [Nov. 9, 2012]).

Entered: November 9, 2012

Frances E. Cafarell Clerk of the Court

20121109

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