Matter of Curry v McNamee
Motion No: 2008-06231
Slip Opinion No: 2009 NYSlipOp 66399(U)
Decided on March 12, 2009
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

M83651

E/cb

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-06231

In the Matter of Owen Curry, respondent,

v Kimberley McNamee, appellant.

(Docket No. V-04509-08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Dutchess County, dated July 3, 2008.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, on the ground that the order dated July 3, 2008, has been superseded by an order of the same court dated February 24, 2009, entered upon the consent of the appellant.

RIVERA, J.P., ANGIOLILLO, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court