| Grimes v Grimes |
| Motion No: 2013-11477 |
| Slip Opinion No: 2014 NY Slip Op 72716(U) |
| Decided on May 20, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M174361
E/sl
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2013-11477 Charles Grimes, respondent-appellant, v Gwynne L. Grimes, appellant-responden (Index No. 13-54285)
| DECISION & ORDER ON MOTION t. |
Motion by Gwynne L. Grimes to dismiss a cross appeal from a decision of the Supreme Court, Westchester County, entered December 18, 2013, or, in the alternative, to reinstate her appeal from the decision, which was dismissed by decision and order on motion of this Court dated January 24, 2014.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the cross appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and the motion is otherwise denied.
ENG, P.J., LEVENTHAL, HALL and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court