McSorley v McSorley
Motion No: 2006-04902
Slip Opinion No: 2008 NYSlipOp 60424(U)
Decided on January 8, 2008
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

M64489

E/sl

HOWARD MILLER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-04902

June McSorley, appellant,

v Douglas McSorley, respondent.

(Index No. 1146/92)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated March 22, 2006, (1) for leave to reargue that branch of the respondent's motion which was to dismiss the appeal, which was determined by decision and order on motion of this court dated September 21, 2007, (2) to be provided with free transcripts, and (3) to transfer the appeal to the Appellate Division, First Department.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated September 21, 2007.

MILLER, J.P., COVELLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court