| Rio v Rio |
| Motion No: 2011-03426 |
| Slip Opinion No: 2012 NY Slip Op 74617(U) |
| Decided on May 30, 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
M137733
T/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, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated March 25, 2011, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court entered December 28, 2011. Cross motion by the appellant to consolidate the appeal from the order dated March 25, 2011, with an appeal from the judgment 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. By decision and order on motion of this Court dated April 6, 2012, the matter was 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 were held in abeyance in the interim. The Supreme Court, Suffolk County, has filed its report dated April 18, 2012.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, and upon the report of the Supreme Court, Suffolk County, dated April 18, 2012, it is
ORDERED that the branch of the cross motion which is to consolidate the appeals is granted to the extent that the appeals will be calendared together and will be argued or submitted on the same day, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the record on the appeal from the judgment to include the affidavit of Frank Rio dated December 15, 2011, is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court