Christopher v. Christopher

Appeal from an order of the Supreme Court, Erie County (John E O’Donnell, J.), entered February 10, 2006. The order denied plaintiffs motion to vacate an order entered October 21, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted, the order entered October 21, 2003 is vacated and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Supreme Court erred in denying plaintiffs motion seeking to vacate the “Stipulated Order”…