| Massimi v Massimi |
| Motion No: 2005-04004 |
| Slip Opinion No: 2007 NYSlipOp 64878(U) |
| Decided on March 9, 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
M51884
S/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 appellant on an appeal from a judgment of the of the Supreme Court, Orange County, dated March 22, 2005, which was determined by decision and order of this court dated December 5, 2006, to resettle the decision and order dated December 5, 2006, to delete the provision which awarded costs to the respondent and to award costs to the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the decision and order of this court dated December 5, 2006, is amended by deleting from the decretal paragraph thereof the words "with costs to the plaintiff' and substituting therefor the words "without costs or disbursements," and the motion is otherwise denied.
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