Mowerman v Mowerman
Motion No: 2007-00261
Slip Opinion No: 2007 NYSlipOp 73067(U)
Decided on July 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M56670

S/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-00261

Linda Porto Mowerman, appellant,

v Samuel Mowerman, respondent.

(Index No. 203281/01)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 22, 2006.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the portion of the order appealed from relates to branches of the appellant's motion which remain pending and undecided (see Katz v Katz, 68 AD2d 536); and it is further,

ORDERED that the application is denied as academic.

MILLER, J.P., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court