Appellate Division of the Supreme Court of the State of New York June 10, 2005 (Bouley v. Bouley)

*1050Appeal from an order of the Supreme Court, Cayuga County (Thomas A. Stander, J.), entered August 2, 2004. The order granted the motion of defendant Thomas F. Farrell to dismiss the complaint against him pursuant to CPLR 3211 (a) (5).

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.