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CARNEY v. CARNEY

19 CA 17-01229.

160 A.D.3d 230 (2018)

70 N.Y.S.3d 427

2018 NY Slip Op 02035

JUN W. CARNEY, Respondent, v. PATRICK J. CARNEY, Appellant. TIMOTHY P. DONAHER, Appellant. (Appeal No. 2.)

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

Decided March 23, 2018.

Attorney(s) appearing for the Case

Harris Beach PLLC, Pittsford ( Svetlana K. Ivy of counsel), for defendant-appellant and appellant.

Michael Steinberg , Rochester, for respondent.

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.

WHALEN, P.J., LINDLEY, NEMOYER and TROUTMAN, JJ., concur.

OPINION OF THE COURT

Same opinion as in Carney v Carney (160 A.D.3d 218 [2018] [appeal No. 1.]).

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...

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