Monroe v Monroe
Motion No: 2009-04132
Slip Opinion No: 2010 NY Slip Op 60015(U)
Decided on January 4, 2010
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

M96652

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-04132

Jody Monroe, respondent,

v David L. Monroe, appellant.

(Index No. 06-5183)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Orange County, dated March 25, 2009, on the ground that the order was superseded by a judgment from which no appeal was taken.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 referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court