Matter of Hamilton v Hamilton
Motion No: 2013-03069
Slip Opinion No: 2013 NY Slip Op 71767(U)
Decided on April 25, 2013
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

M155278

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2013-03069

In the Matter of Nicole S. Hamilton, respondent,

v Gerald N. Hamilton, appellant.

(Index No. F-11622-07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Nassau County, dated January 31, 2013, on the ground that the order on appeal is a nondispositional order in a proceeding pursuant to Family Court Article 4.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appellant shall perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal on or before June 10, 2013.

DILLON, J.P., ANGIOLILLO, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court