Matter of Demian v Kantounis
Motion No: 2009-02891
Slip Opinion No: 2009 NY Slip Op 79462(U)
Decided on July 30, 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

M90171

B/sl

MARK C. DILLON, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-02891, 2009-05767

In the Matter of Pamela Grace Demian,

appellant, v Stratos George Kantounis,

etc., respondent.

(Appeal No. 1)

In the Matter of Pamela Grace Demian,

respondent, v Stratos George Kantounis,

etc., appellant.

(Appeal No. 2)

(Docket No. U-2725/07)

DECISION & ORDER ON MOTION

Motion by Stratos George on appeals from two orders of the Family Court, Nassau County, both dated December 23, 2008, to dismiss the appeal by Pamela Grace Demian on the ground that it was not timely taken. By decision and order on motion dated April 27, 2009, the matter was 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, and the motion by Stratos George to dismiss the appeal by Pamela Grace Demian was held in abeyance in the interim. The Family Court, Nassau County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Family Court, Nassau County, dated July 21, 2009, it is

ORDERED that the motion is denied.

DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court