Matter of Burke v Burke
Motion No: 2010-04745
Slip Opinion No: 2011 NY Slip Op 71369(U)
Decided on April 29, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M119233

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2010-04745

In the Matter of Rosemary Burke, respondent,

v Robert Burke, Jr., appellant.

(Docket Nos F-01225-00,F-12637-08)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to vacate a decision and order of this Court dated February 1, 2011, which determined an appeal from an order of the Family Court, Westchester County, dated April 28, 2010, allow her to submit a brief, and to recalendar the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., BALKIN, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court