| Duffy v Duffy |
| Motion No: 2006-01045 |
| Slip Opinion No: 2006 NYSlipOp 67930(U) |
| Decided on May 2, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M39108
C/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2006-01045 Winifred Duffy, etc., respondent, v Jeanette Duffy, etc., appellant. (Index No. 13243/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an interlocutory judgment of the Supreme Court, Richmond County, dated December 1, 2005, to dismiss the appeal on the ground that any issues to be raised on this appeal were determined by this court's decision and order dated September 12, 2005, which determined an appeal from an order of the same court dated April 9, 2004 (see Duffy v Duffy, 21 AD3d 928).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Engel v Eichler, 300 AD2d 622).
PRUDENTI, P.J., FLORIO, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court