| In the Matter of Christina P. Menditto v Andrew M. Collier |
| Motion No: #513686 |
| Slip Opinion No: 2012 NY Slip Op 82994(U) |
| Decided on August 27, 2012 |
| Appellate Division, Third 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. |
Decided and Entered: August 27, 2012
Case
#513686
In the Matter of CHRISTINA P. MENDITTO, Respondent, v
Appellant. |
DECISION AND ORDER ON MOTION |
Motion to dismiss appeal.
Cross motion to strike responding brief of petitioner.
Upon the papers
filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss
the appeal is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal. Petitioner shall, on
or before September 11, 2012, file seven copies and serve one copy of an addendum to the responding brief to include all papers submitted in
connection with respondent's modification petition which was dismissed by order of Warren County Family Court dated April 25, 2012.
Respondent shall file and serve an amended reply brief, if any, on or before September 26, 2012, and it is further
ORDERED that the
cross motion to strike the responding brief of petitioner is denied, without costs.
PETERS, P.J., SPAIN, KAVANAGH, McCARTHY and
GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court