Naughton v Naughton
Motion No: 2011-09002
Slip Opinion No: 2012 NY Slip Op 71133(U)
Decided on April 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M136709

E/ct

REINALDO E. RIVERA, J.P.

ARIEL E. BELEN

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-09002

Michael Naughton, etc., appellant,

v Duval H. Naughton, Jr., et al., defendants,

Countrywide Home Loans, Inc., respondent.

(Index No. 35280/07)

DECISION & ORDER ON MOTION

Appeal by Michael Naughton from an order of the Supreme Court, Kings County, dated July 27, 2011. By order to show cause dated March 26, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant did not oppose the motion which resulted in the order dated July 27, 2011 and therefore was not aggrieved by that order.

Upon the papers filed in support of the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 55 11).

RIVERA, J.P., BELEN, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court