SCHMITT, GERALD v. SCHMITT, SANDRA

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 12-01490 PRESENT: CENTRA, J.P., FAHEY, CARNI, WHALEN, AND MARTOCHE, JJ.

GERALD SCHMITT, PLAINTIFF-APPELLANT, V ORDER SANDRA SCHMITT, DEFENDANT-RESPONDENT. (APPEAL NO. 4.)

KUSTELL LAW GROUP, LLP, BUFFALO (CARL B. KUSTELL OF COUNSEL), FOR PLAINTIFF-APPELLANT.

MARY ANNE CONNELL, ATTORNEY FOR THE CHILD, BUFFALO.

Appeal from an order of the Supreme Court, Erie County (John F.

O’Donnell, J.), entered July 13, 2012 in a divorce action. The order, inter alia, denied the motion of plaintiff for leave to reargue his posttrial motion.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984).

Entered: June 14, 2013 Frances E. Cafarell Clerk of the Court