Matter of Burns v Sternberg
Motion No: 2012-02111
Slip Opinion No: 2012 NY Slip Op 90420(U)
Decided on November 15, 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

M146432

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-02111, 2012-09741

In the Matter of Karen Burns, respondent,

v Elliott Sternberg, appellant.

(Docket No. F-5871-01)

DECISION & ORDER ON MOTION

Appeals by Elliott Sternberg from two orders of the Family Court, Queens County, both dated February 29, 2012. The appeal was perfected on July 9, 2012. The respondent filed a brief on October 26, 2012brief on December 29, 2011. The appellant is raising an issue concerning the constitutionality of Family Court Act §§ 437 and 454(3)(a) but failed to notify the Attorney General the State of New York as required by CPLR 1012(b) and Executive Law § 71.

Now, on the Court's own motion, it is

ORDERED that pursuant to CPLR 1012(b) and Executive Law § 71, on or before November 30, 2012, the appellant shall serve copies of his brief and this decision and order on motion on the Attorney General the State of New York, and on or before December 21, 2012, the Attorney General shall notify this Court in writing whether he intends to intervene on these appeals.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court