Matter of Honey v Honey
Motion No: 2007-06295
Slip Opinion No: 2008 NYSlipOp 69438(U)
Decided on April 17, 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

M69210

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2007-06295, 2007-06297

In the Matter of Christopher Honey, appellant,

v Lisa Honey, respondent-respondent;

Dutchess County Department of Social

Services, nonparty-respondent.

(Docket Nos. V-00784-06, V-00785-06)

DECISION & ORDER ON MOTION

Motion by the respondent-respondent on appeals from two orders of the Family Court, Dutchess County, dated March 29, 2007, and May 23, 2007, respectively, to dismiss the appeal from the order dated March 29, 2007, on the ground that it was untimely taken, and to dismiss the appeal from the order dated May 23, 2007, on the ground that no appeal lies from an order denying reargument.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated March 29, 2007, is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated May 23, 2007, is denied without prejudice to the respondent raising this issue in her brief.

FISHER, J.P., COVELLO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court