| Palumbo v Palumbo |
| Motion No: 2007-05668 |
| Slip Opinion No: 2011 NY Slip Op 62273(U) |
| Decided on January 25, 2011 |
| 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
M114421
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2007-05668 Charleen Anne Palumbo, respondent, v Robert Palumbo, appellant. (Index No. 24096/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an amended order of the Supreme Court, Nassau County, entered May 23, 2007, for failure to serve and file a replacement appendix and a replacement brief in accordance with prior order of this Court. Separate motion by the appellant to accept the proposed replacement appendix for filing, or, to "eliminat[e] the facts entirely from consideration [and permit] the appeal [to] be prosecuted upon the law alone," and for "additional time . . . to permit the appellate printer to enter into the appendix the additional transcripts."
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is denied; and it is further,
ORDERED that the respondent's motion is granted and the appeal is dismissed, without costs or disbursements.
RIVERA, J.P., DICKERSON, LOTT and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court