Rooney v. Rooney

Full title: Kathleen Rooney, appellant, v. Robert R. Rooney, respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Feb 29, 2012

2012 N.Y. Slip Op. 65630 (N.Y. App. Div. 2012)

Opinion

Motion No: 2011-08317 Index No. 9578/01 M133922

02-29-2012

Kathleen Rooney, appellant, v. Robert R. Rooney, respondent.

PETER B. SKELOS

, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated August 25, 2011, on the ground that the appellant's appendix is inadequate, or, in the alternative, to enlarge the time to serve and file a brief, and, in effect, to vacate a stay of enforcement of the order pending hearing and determination of the appeal, which was granted by decision and order on motion of this Court dated October 11, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before March 30, 2012, the appellant serve and file a supplemental appendix containing the transcript of the proceedings in the above-entitled action which occurred May 31, 2011, and orders the transcript of the in camera interview with the subject children which occurred on December 22, 2010; and it is further,

ORDERED that the Court Reporter who prepares the transcript of the in camera interview shall file the transcript with the clerk of the Supreme Court, Queens County, under seal, the clerk of the Supreme Court shall forward that transcript to the Clerk of this Court, under seal, for review by the panel of Justices hearing the appeal, and the transcript of the in camera interview shall remain sealed upon filing; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 30, 2012, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is, in effect, to vacate the stay is denied.

SKELOS, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court