| Polito v Polito |
| Motion No: 2023-11074 |
| Slip Opinion No: 2024 NY Slip Op 64304(U) |
| Decided on March 18, 2024 |
| 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
M295018
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
WILLIAM G. FORD
LAURENCE L. LOVE, JJ.
|
2023-11074 Abbey Polito, respondent, v Anthony Polito, appellant. (Index No. 52607/2020)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Westchester County, dated October 10, 2023. By order to show cause dated December 8, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no judgment of the Supreme Court, Westchester County, dated October 10, 2023, was issued in the above-entitled matter. Application by the appellant, in effect, to deem the notice of appeal to reflect that the appeal is from a decision of the Supreme Court, Westchester County, dated October 9, 2023.
Now, upon the order to show cause and the papers filed in response thereto and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is denied; and it is further,
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.
DUFFY, J.P., CHRISTOPHER, FORD and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court