Opinion
Motion No: #513686
08-27-2012
In the Matter of CHRISTINA P. MENDITTO, Respondent, v. ANDREW M. COLLIER, Appellant.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal. Petitioner shall, on or before September 11, 2012, file seven copies and serve one copy of an addendum to the responding brief to include all papers submitted in connection with respondent's modification petition which was dismissed by order of Warren County Family Court dated April 25, 2012. Respondent shall file and serve an amended reply brief, if any, on or before September 26, 2012, and it is further
ORDERED that the cross motion to strike the responding brief of petitioner is denied, without costs.
PETERS, P.J., SPAIN, KAVANAGH, McCARTHY and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court