| Rosen v Rosen |
| Motion No: 2016-12231 |
| Slip Opinion No: 2017 NY Slip Op 67660(U) |
| Decided on March 17, 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
M227751
E/afa
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
|
2016-12231, 2016-12232, 2016-12234 Gail Beth Rosen, respondent, v Gordon Scott Rosen, appellant. (Index No. 432/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from a decision of the Supreme Court, Rockland County, dated July 15, 2016, findings of fact of the same court dated September 30, 2016, and a judgment of the same court also dated September 30, 2016, as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeals from the decision and the findings of fact are dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branches of the motion which are to dismiss the appeals from the decision and the findings of fact are denied as academic; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment is denied.
BALKIN, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court