McKibbin v McKibbin
Motion No: 2004-10083 +1
Slip Opinion No: 2006 NYSlipOp 67934(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39142

Y/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA, JJ.

2004-10083, 2005-07150

Cory McKibbin, appellant, v

Linda McKibbin, respondent.

(Index No. 21601-02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated July 12, 2005, and for leave to reargue so much of a decision and order on motion of this court dated March 15, 2006, as, on the court's own motion, dismissed an appeal from a decision of the same court dated October 19, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which was to enlarge the time to perfect the appeal from the order dated July 12, 2005, is denied as academic, as that appeal was timely perfected; and it is further,

ORDERED that the motion is otherwise denied, with $100 costs.

PRUDENTI, P.J., FLORIO, KRAUSMAN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court