| Bottini v Bottini |
| Motion No: 2016-03958 |
| Slip Opinion No: 2017 NY Slip Op 68497(U) |
| Decided on March 27, 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
M228187
E/ct
RANDALL T. ENG, P.J.
JEFFREY A. COHEN
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2016-03958 Sheila Bottini, appellant, v Anthony R. Bottini, Jr., respondent. (Index No. 3222/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated March 28, 2016, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court dated December 23, 2016, and to strike stated portions of the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements without prejudice to raising issues concerning the order on the appeal from the judgment pending under Appellate Division Docket No. 2017-00690 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is otherwise denied as academic.
ENG, P.J., COHEN, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court