Rivers v Rivers
Motion No: 2005-09435 +1
Slip Opinion No: 2006 NYSlipOp 68662(U)
Decided on May 12, 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

M39553

Y/nl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-09435, 2006-01934

Nancy Rivers, respondent,

v Ronald Rivers, appellant.

(Index No. 4434/88)

DECISION & ORDER ON MOTION

Motion by the appellant to deem his notice of appeal from an order of the Supreme Court, Dutchess County, dated September 2, 2005, to be a premature notice of appeal from a judgment of the same court dated December 5, 2005.

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

ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.

CRANE, J.P., MASTRO, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court