| VERONICA SCULLY V PHILIP R. SCULLY |
| Motion No: CA 08-01848 |
| Slip Opinion No: 2009 NY Slip Op 72927(U) |
| Decided on May 19, 2009 |
| 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, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-01848
| VERONICA SCULLY, PLAINTIFF-RESPONDENT, V PHILIP R. SCULLY,
DEFENDANT-APPELLANT. |
Appellant having moved to seal the record and amend the caption of the appeal taken from order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 13, 2008, and respondent having cross-moved to dismiss the appeal on the ground that the appeal no longer lies from the order,
Now, upon reading and filing the affirmation of Michael Steinberg dated April 28, 2009, the affidavit of Philip R. Scully sworn to April 28, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Jeffrey L. Turner sworn to May 6,2009, the notice of cross motion with proof of service thereof, the affidavit of James A. Vazzana dated May 7, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and
It is further ORDERED that the cross motion be, and the same hereby is, denied.
Memorandum: In the exercise of our discretion, we deem the appeal to have been taken from the judgment of divorce (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]).
Entered: May 19, 2009
Patricia L. Morgan, Clerk