| Sutton v Sutton |
| Motion No: 2011-05024 |
| Slip Opinion No: 2011 NY Slip Op 88550(U) |
| Decided on November 1, 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
M128084
E/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
RANDALL T. ENG
JEFFREY A. COHEN, JJ.
|
2011-05024 Gail G. Sutton, respondent, v Alfred J. Sutton, appellant. (Index No. 22011/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated March 22, 2011, for "fail[ure] diligently to prosecute the appeal." Application by the respondent for an award of costs and an attorney's fee, and to impose a sanction upon the respondent.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is dismissed without prejudice to making a motion for the same relief (see CPLR 8022[b]).
DILLON, J.P., BALKIN, ENG and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court