Matter of Nieves-Ford v Gordon
Motion No: 2007-10850
Slip Opinion No: 2008 NYSlipOp 65344(U)
Decided on March 4, 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

M66966

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2007-10850

In the Matter of Roslyn Nieves-Ford, respondent,

v Michael Gordon, appellant.

(Docket No. F-0524-96)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Nassau County, dated October 9, 2007, on the ground, inter alia, that the issues the appellant raises on the appeal are barred by the doctrine of res judicata.

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

ORDERED that the motion is denied without prejudice to the respondent raising the issues in her brief.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court