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IN THE MATTER OF GOLD v. GOLD

2007-11667, 2008-01287.

2008 NY Slip Op 06151

IN THE MATTER OF FLORENCE GOLD, appellant, (Docket Nos. V-1339-07, V-1340-07, O-05791-04) v. GENE GOLD, ET AL., respondents.

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

Decided July 1, 2008

Attorney(s) appearing for the Case

Law Offices of Lynn M. Smookler, Attorney and Counseler at Law, P.C., Poughkeepsie, N.Y., for appellant.

Marcus, Ollman & Kommer, LLP, New Rochelle, N.Y. (Rachel F. Ciccone of counsel), for respondents.

Before: WILLIAM F. MASTRO, J.P., PETER B. SKELOS, RUTH C. BALKIN, JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

ORDERED that the appeal from so much of the order entered September 12, 2007, as granted that branch of the parents' cross motion which was for an award of an attorney's fee is dismissed, as that portion of the order was superseded by the order entered November 28, 2007; and it is further,

ORDERED that the order entered September 12, 2007, is reversed insofar as reviewed, on the law and in the exercise of discretion, without costs or...

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