| Matter of Minott v Brooks |
| Motion No: 2016-10054 |
| Slip Opinion No: 2018 NY Slip Op 92109(U) |
| Decided on December 31, 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. |
Appellate Division: Second Judicial Department
M258768
E/sl
LEONARD B. AUSTIN, J.P.
SANDRA L. SGROI
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2016-10054 In the Matter of Michelle Ann Minott, respondent, v Bryan A. Brooks, appellant. (Docket No. F-10833-13)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated August 15, 2017, which dismissed an appeal from an order of the Family Court, Westchester County, dated April 1, 2016, for failure to timely perfect, and to reinstate the appeal.
Separate motion by the appellant to stay enforcement of the order dated April 1, 2016, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion, inter alia, to recall and vacate the decision and order on motion of this Court dated August 15, 2017, is denied; and it is further,
ORDERED that the motion to stay enforcement of the order dated April 1, 2016, is denied as academic.
AUSTIN, J.P., SGROI, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court