| Mullins v Mullins |
| Motion No: 2016-06109 |
| Slip Opinion No: 2016 NY Slip Op 86525(U) |
| Decided on September 23, 2016 |
| 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
M218686
E/afa
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2016-06109 Angela Mullins, appellant, v Edward Mullins, respondent. (Index No. 201943/12)
| DECISION & ORDER ON MOTION |
Appeal by the defendant, Edward Mullins, from an order of the Supreme Court, Nassau County, dated March 29, 2016. By order to show cause dated July 6, 2016, the parties were directed to show cause why the appeal should or should not be dismissed on the grounds that the notice of appeal was not in compliance with CPLR 5515 and Jerome A. Scharoff, P.C., the attorney for the plaintiff, Angela Mullins did not have authority to file a notice of appeal on behalf of the defendant.
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; and it is further,
ORDERED that on the Court's own motion, the notice of appeal filed by Jerome A. Scharoff, P.C., is deemed to be filed on behalf of the plaintiff, Angela Mullins, and the caption is amended accordingly (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605).
RIVERA, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court