| Massimi v Massimi |
| Motion No: 2005-04004 |
| Slip Opinion No: 2007 NYSlipOp 64621(U) |
| Decided on March 7, 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
M51723
E/sl
HOWARD MILLER, J.P.
ROBERT A. SPOLZINO
DAVID S. RITTER
MARK C. DILLON, JJ.
|
2005-04004 Richard P. Massimi, respondent, v Melissa A. Massimi, appellant. (Index No. 03-4975)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court dated December 5, 2006, which determined an appeal from a judgment of the of the Supreme Court, Orange County, dated March 22, 2005. Cross motion by the appellant to "reject[] [p]laintiff's [a]ffirmation of intention for permission for leave to appeal."
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is denied as academic.
MILLER, J.P., SPOLZINO, RITTER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court