| Rio v Rio |
| Motion No: 2011-03426 |
| Slip Opinion No: 2012 NY Slip Op 69664(U) |
| Decided on April 6, 2012 |
| 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
M135743
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2011-03426, 2012-00949 Frank Rio, appellant, v Lori Lynn Rio, respondent. (Index Nos. 11207-08, 36885-10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Suffolk County, dated March 25, 2011, to dismiss the appeal, for an award of an attorney's fee, and to impose a sanction upon the appellant. Cross motion by the appellant to consolidate the appeal from the order dated March 25, 2011, with an appeal from a judgment of the same court entered December 28, 2011, and to enlarge the record on the appeal from the judgment to include the affidavit of Frank Rio dated December 15, 2011.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to report on whether the court considered the affidavit of Frank Rio dated December 15, 2011, in entering the judgment entered December 28, 2011, and the motion and cross motion are held in abeyance in the interim. The Supreme Court, Suffolk County, shall file its report with all convenient speed.
ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court