Appellate Division: Second Judicial Department

M233172

E/sl

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2017-00690, 2017-00693 Sheila Bottini, appellant, v Anthony R. Bottini, Jr., respondent. (Index No. 3222/11)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a judgment of the Supreme Court, Dutchess County, dated December 23, 2016, and findings of fact and conclusions of law also dated December 23, 2016, for leave to refer to an appellant's appendix filed in connection with a prior appeal, which has been dismissed, and to excuse the appellant from reproducing the documents contained in that appellant's appendix. Cross motion by the respondent, inter alia, to strike stated portions of the appellant's appendix filed in connection with a prior appeal, in the event that the motion is granted.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the findings of fact and conclusions of law is dismissed, without costs or disbursements (see Benedtto v O'Grady, 10 ADZd628); and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied as academic.

CHAMBERS, J.P., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court