| Boyle v Boyle |
| Motion No: 2006-04636 +1 |
| Slip Opinion No: 2006 NYSlipOp 72455(U) |
| Decided on July 21, 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
M42386
A/nl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2006-04636, 2006-04637
Linda Boyle, respondent, v Peter Boyle, appellant. (Index No. 7188/03)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motions by the respondent to dismiss appeals from (1) a judgment of the Supreme Court, Orange County, dated November 21, 2005 (Appellate Division Docket No. 2006-04636), on the ground that it was not timely taken, and (2) an order of the same court dated March 22, 2006 (Appellate Division Docket No. 2006-04637), on the ground that no appeal lies from an order denying a motion for reargument.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal from the judgment is granted, and the appeal from the judgment is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion to dismiss the appeal from the order is denied, without prejudice to the respondent raising the issue in her brief.
MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court