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

486
CA 13-00388
PRESENT: SMITH, J.P., CARNI, SCONIERS, AND VALENTINO, JJ.


SUSAN GATELY, PLAINTIFF-RESPONDENT,

                     V                            MEMORANDUM AND ORDER

JAMES GATELY, DEFENDANT-APPELLANT.
---------------------------------------
THOMAS A. PALMER, RECEIVER, RESPONDENT.
(APPEAL NO. 2.)


D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR
DEFENDANT-APPELLANT.

DAMON MOREY LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), AND J. ADAMS
& ASSOCIATES, PLLC, WILLIAMSVILLE, FOR PLAINTIFF-RESPONDENT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL),
FOR RESPONDENT.


     Appeal from an order of the Supreme Court, Erie County (John F.
O’Donnell, J.), entered May 3, 2012. The order vacated a notice of
pendency filed by defendant against plaintiff and the receiver.

     It is hereby ORDERED that said appeal is unanimously dismissed
without costs.

     Same Memorandum as in Gately v Gately ([appeal No. 1] ___ AD3d
___ [May 2, 2014]).




Entered:   May 2, 2014                          Frances E. Cafarell
                                                Clerk of the Court
