| CYNTHIA B. HURD, V MICHAEL O. HURD, . |
| Motion No: CA 08-01603 |
| Slip Opinion No: 2008 NYSlipOp 81331(U) |
| Decided on August 20, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 08-01603
| CYNTHIA B. HURD, PLAINTIFF-APPELLANT-RESPONDENT, V MICHAEL O.
HURD, DEFENDANT-RESPONDENT-APPELLANT. |
Appellant-respondent having moved to dismiss the cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on May 9, 2008, on the ground, inter alia, that respondent-appellant is not aggrieved by the order,
Now, upon reading and filing the affidavit of Colleen G. Zink sworn to July 25, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Wendy Lee Gould sworn to July 30, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the cross appeal is dismissed without costs or attorney's fees.
Memorandum: Defendant is not aggrieved by the order appealed from (see Church v New York State Thruway Auth., 16 AD3d 808 [2005]).
Entered: August 20, 2008
JoAnn M. Wahl, Clerk