Garcia v Garcia
Motion No: 2018-01739
Slip Opinion No: 2018 NY Slip Op 77910(U)
Decided on July 17, 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

M252374

E/htr

ALAN D. SCHEINKMAN, P.J.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2018-01739

Alice Garcia, appellant,

v Victor Garcia, respondent.

(Index No. 1601/04)

DECISION & ORDER ON MOTION

Appeal by Alice Garcia from a purported order of the Supreme Court, Westchester County, dated January 10, 2018. By order to show cause dated May 30, 2018, the parties to the appeal were directed to show cause why the appeal should or should not be dismissed on the ground that no order of the Supreme Court, Westchester County, dated January 10, 2018, was issued in the above-entitled action. Motion by the appellant to terminate certain payments to the respondent from her retirement pension.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the appellant's motion is denied as academic.

SCHEINKMAN, P.J., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court