| Bove v Bove |
| Motion No: 2013-10145 |
| Slip Opinion No: 2014 NY Slip Op 85798(U) |
| Decided on October 8, 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
M180823
T/ct
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
COLLEEN D. DUFFY, JJ.
|
2013-10145 Nicole M. Bove, appellant, v Nunziato Bove, Jr., respondent, et al., defendants. (Index No. 50144/13)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Richmond County, dated September 11, 2013. The appeal was perfected on April 8, 2014. By order to show cause dated May 27, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated September 11, 2013, is not appealable as of right and leave to appeal had not been granted. Separate applications by the respondent and the attorney for the subject children pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs.
Now, upon the order to show cause and the papers filed in opposition thereto, and upon the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the applications are denied as academic.
RIVERA, J.P., CHAMBERS, ROMAN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court