Matter of DeNino v Vanderhyde
Motion No: 2023-04992
Slip Opinion No: 2024 NY Slip Op 80182(U)
Decided on December 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M301409

AFA/

CHERYL E. CHAMBERS, J.P.

WILLIAM G. FORD

JANICE A. TAYLOR

LAURENCE L. LOVE, JJ.

2023-04992

In the Matter of James A. DeNino, appellant,

v Carolyn J. Vanderhyde, respondent.

(Proceeding No. 1)

In the Matter of Carolyn J. Vanderhyde, respondent,

v James A. DeNino, appellant.

(Proceeding No. 2)

(Docket Nos. V-16229-2018/2020B, V-16229-2018/

V-16229-2018/2021D, V-16229-2018-2022E.

V-18150-2018/2020B, V-18150-2018/2020C,

V-18150-2018/2021D, V-18150-2018/2022E)

DECISION & ORDER ON MOTION









2020C,

Appeal by James A. DeNino from an order of the Family Court, Suffolk County, dated May 12, 2023. Motion by the appellant to enlarge the record to include certain material. Application by the appellant to extent the time to perfect the appeal. By order to show cause dated October 11, 2024, the parties were directed to show cause before this Court why an order should not be made and entered dismissing the appeal in the above-entitled proceedings on the ground that the order has been superseded by an order of the same court dated April 12, 2024, and/or on the ground that the appeal has been rendered academic, and the motion and application were held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in relation 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 motion to dismiss the appeal is granted, and the appeal is dismissed without costs or disbursements; and it is further,

ORDERED that the motion and the application by the appellant are denied as academic.

CHAMBERS, J.P., FORD, TAYLOR and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court