| Burns v Burns |
| Motion No: 2018-10734 |
| Slip Opinion No: 2019 NY Slip Op 68094(U) |
| Decided on April 16, 2019 |
| 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
M261973
E/afa
ALAN D. SCHEINKMAN, P.J.
SHERI S. ROMAN
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2018-10734 Louis Burns, appellant-respondent, v Stephanie Burns, respondent-appellant (Index No. 37327/07)
| DECISION & ORDER ON MOTION |
Motion by Louis Burns on an appeal and a cross appeal from a judgment of the Supreme Court, Kings County, dated July 31, 2018, to dismiss the cross appeal for failure to timely perfect. Separate motion by Louis Burns for a preference in the calendaring of the appeal. Application by Stephanie Burns to withdraw the cross appeal.
Upon the papers filed in support of the motions and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the cross appeal is deemed withdrawn; and it is further,
ORDERED that the motion to dismiss the cross appeal is denied as academic; and it is further,
ORDERED that the motion for a preference is granted and the appeal will be calendared expeditiously.
SCHEINKMAN, P.J., ROMAN, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court