MATTER OF ERIK CUSWORTH V BROOKE BULLEN
Motion No: CAF 11-00956
Slip Opinion No: 2012 NY Slip Op 87736(U)
Decided on October 16, 2012
Appellate Division, Fourth 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.


October 16, 2012

PRESENT: SCUDDER, P.J., FAHEY, CARNI, VALENTINO, AND MARTOCHE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 11-00956
DOCKET NO. V-04809-10

MATTER OF ERIK CUSWORTH, PETITIONER-RESPONDENT,

V

BROOKE BULLEN, RESPONDENT-APPELLANT.


Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on April 25, 2011, and respondent-appellant having crossed-moved for an order denying the motion to dismiss,

Now, upon reading and filing the statement of William L. Koslosky, Esq., dated September 17, 2012, the affidavit of Erik Cusworth, sworn to September 17, 2012, the notice of motion with proof of service thereof, the affirmation of Paul M. Deep, Esq., dated September 25, 2012, the affidavit of Brooke Bullen, sworn to September 25, 2012, the notice of cross-motion with proof of service thereof, and the statement of John T. Nasci, Esq., dated September 25, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed as moot, and

It is further ORDERED that the cross-motion is denied.

Entered: October 16, 2012

FRANCES E. CAFARELL, Clerk