Matter of Martinez v Martinez
Motion No: 2018-00113
Slip Opinion No: 2018 NY Slip Op 67146(U)
Decided on March 15, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M247392

E/afa

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2018-00113, 2018-00114

In the Matter of Guadalupe Vidal Martinez,

petitioner-respondent, v Everado Isrrael

Martinez, respondent.

(Docket No. O-5595-16)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Queens County, both dated November 15, 2017. By order to show cause dated January 29, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding on the ground that Edwin A. Gonzalez, identified as the appellant on the notice of appeal, was not aggrieved by the orders dated November 15, 2017.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that on the Court's own motion, the notice of appeal is deemed to have been filed by Everado Isrrael, as the proper party appellant (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605); and it is further,

ORDERED that the motion to dismiss the appeal is denied.

RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court