Deshuk-Flores v Flores
Motion No: 2012-04554
Slip Opinion No: 2013 NY Slip Op 77541(U)
Decided on June 21, 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

M158311

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2012-04554

Claudia Deshuk-Flores, respondent,

v Jose A. Flores, appellant.

(Index No. 201508/06)

DECISION & ORDER ON MOTION

Appeal by Jose A. Flores from a decision of the Supreme Court, Nassau County, dated December 20, 2011. By order to show cause dated May 21, 2013, the parties or their attorneys are directed to show cause before this Court why an order should or should not be entered dismissing the above-entitled appeal on the ground that no appeal lies from a decision.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied on condition that on or before August 8, 2013, the appellant serve and file a supplemental record containing a judgment entered in the above-entitled action or, in the event no judgment has been entered, advise the Court, in writing, of the status of the judgment submitted to the Supreme Court, Nassau County, for settlement.

DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court