| Domino v Domino |
| Motion No: 2010-06867 |
| Slip Opinion No: 2010 NY Slip Op 92005(U) |
| Decided on December 29, 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. |
Appellate Division: Second Judicial Department
M113239
B/sl
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2010-06867, 2010-10077 ORDER ON APPLICATION Maria Dolores Domino, respondent, v Geronimo Domino, appellant. (Index No. 03-4366)
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Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Westchester County, dated May 6, 2010 (Appellate Division Docket No. 2010-06867), and an amended judgment of the same court dated July 22, 2010 (Appellate Division Docket No. 2010-10077).
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appeal from the judgment dated May 6, 2010 (Appellate Division Docket No. 2010-06867) is dismissed, without costs or disbursements, on the ground that the judgment was superseded by the amended judgment dated July 22, 2010; and it is further,
ORDERED that the branch of the application which was to enlarge the time to perfect the appeal from the judgment dated May 6, 2010, is denied as academic; and it is further,
ORDERED that the branch of the application which was to enlarge the time to perfect the appeal from the amended judgment is denied as premature, as the time to perfect the appeal from the amended judgment does not expire until March 30, 2011.
ENTER:
Matthew G. Kiernan
Clerk of the Court