| Florestal v Coleman-Florestal |
| Motion No: 2015-03918 |
| Slip Opinion No: 2015 NY Slip Op 74623(U) |
| Decided on June 1, 2015 |
| 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
M192878
E/sl
RANDALL T. ENG, P.J.
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2015-03918 Marcel Florestal, respondent, v Carole Coleman-Florestal, appellant. (Index No. 1898/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered September 20, 2013, on the ground that the appeal has been rendered academic by a decision and order of this Court dated January 14, 2015, determining an appeal from an order of the same court entered January 14, 2014 (Appellate Division Docket No. 2014-03518), and to impose a sanction upon the appellant and her attorney.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to impose a sanction upon the appellant and her attorney is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
ENG, P.J., HALL, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court