| Rosenberg v Rosenberg |
| Motion No: 2016-08809 |
| Slip Opinion No: 2017 NY Slip Op 65699(U) |
| Decided on March 1, 2017 |
| 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
M226838
E/sl
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2016-08809 Virginia Rosenberg, respondent, v Robert Rosenberg, appellant. (Index No. 202773/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, entered May 17, 2016. By decision and order on motion of this Court dated January 9, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appellant was not aggrieved by the order, and the appellant's motion was held in abeyance in the interim.
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 granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511; Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473); and it is further,
ORDERED that the appellant's motion is denied as academic.
RIVERA, J.P., ROMAN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court