Rubin v Rubin
Motion No: 2011-10612
Slip Opinion No: 2012 NY Slip Op 71419(U)
Decided on April 26, 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

M136429

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-10612, 2012-03452

James B. Rubin, appellant,

v Guadulupe Rubin, respondent.

(Index No. 05-17008)

DECISION & ORDER ON MOTION

Application by the appellant on appeals from an order of the Supreme Court, Westchester County, entered October 7, 2011 (Appellate Division Docket No. 2011-10612), and an amended order of the same court entered March 23, 2012 (Appellate Division Docket No. 2012-03452) pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order entered October 7, 2011.

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

ORDERED that on the Court's own motion, the appeal from the order entered October 7, 2011, under Appellate Division Docket No. 2011-10612 is dismissed, without costs or disbursements, as superseded by the amended order entered March 23, 2012, under Appellate Division Docket No. 2012-03452; and it is further,

ORDERED that the application is denied as academic.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court