- SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
- Dec 10 2012 (Date Decided)
- Rivera, J.P.; Dillon, Roman and Cohen, JJ.
BRUCE MARLEY, res-ap, v. BARBARA MARLEY, APPELLANT-res — Appeal by Barbara Marley and cross appeal by Bruce Marley from a judgment of the Supreme Court, Orange County, dated February 14, 2011. By dated October 25, 2012, the parties or their attorneys were directed to show cause before this Court why an order should not be made and entered dismissing the appeal and cross appeal on the ground that the judgment had been superseded by an amended judgment of the same court dated February 24, 2012. Motion by Barbara Marley to deem her notice of appeal from the judgment to be a premature notice of appeal from the amended judgment, and to limit the issues raised on the appeal from the amended judgment to those raised in the briefs filed in connection with the appeal and cross appeal from the judgment. Application by Bruce Marley to withdraw the cross appeal. Separate application by Barbara Marley (1) to withdraw Point II of her brief insofar as it seeks reimbursement for out-of-pocket expenses and insurance premiums and (2) to withdraw Point IV of her brief.