| Matter of Demian v Kantounis |
| Motion No: 2009-02891 |
| Slip Opinion No: 2009 NY Slip Op 70662(U) |
| Decided on April 27, 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. |
Appellate Division: Second Judicial Department
M85819
E/cb
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2009-02891 In the Matter of Pamela Grace Demian, appellant-respondent, v Stratos George Kantounis, etc., respondent-appellant. (Docket No. U-2725/07)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent-appellant on an appeal and cross appeal from an order of the Family Court, Nassau County, dated December 23, 2008, to dismiss the appeal on the ground that it was not timely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Family Court, Nassau County, to hear and report on the issue of whether the Family Court served the order on the petitioner (see Family Ct Act § 1113); and it is further,
ORDERED that on the court's own motion, the cross appeal is dismissed, without costs or disbursements, on the ground that the respondent-appellant is not aggrieved by the order cross-appealed from (see CPLR 5511).
PRUDENTI, P.J., MILLER, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court