| Matter of Abeles v Abeles |
| Motion No: 2006-08523 |
| Slip Opinion No: 2007 NYSlipOp 62056(U) |
| Decided on January 29, 2007 |
| 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
M50066
E/sl
WILLIAM F. MASTRO, J.P.
STEVEN W. FISHER
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2006-08523 In the Matter of Angela Abeles, appellant, v Jay Abeles, respondent. (Docket No. O-12532/06)
| DECISION & ORDER ON MOTION |
Appeal by Angela Abeles from an order of the Family Court, Suffolk County, dated August 11, 2006. By order to show cause dated November 30, 2006, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered summarily reversing the order dated August 11, 2006, on the ground that the Family Court, Suffolk County, was without jurisdiction to sua sponte vacate its own prior order (see Matter of Savini v Burgaleta, 34 AD3d 686).
Upon the order to show cause and the papers filed in response thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the order dated August 11, 2006, is deemed to be a premature notice of appeal from the order dated December 13, 2006; and it is further,
ORDERED that the order to show cause to summarily reversing the order dated August 11, 2006, is denied.
MASTRO, J.P., FISHER, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court