Miller v. Miller

• Decision Date: 20 December 2011
• Citation: 934 N.Y.S.2d 714,90 A.D.3d 871,2011 N.Y. Slip Op. 09288
• Parties: Donna E. MILLER, respondent, v. Louise A. MILLER, appellant.
• Court: New York Supreme Court — Appellate Division

2011 N.Y. Slip Op. 09288

90 A.D.3d 871

934 N.Y.S.2d 714

Donna E. MILLER, respondent,

v.Louise A. MILLER, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 20, 2011.

Louis J. Galgano III, White Plains, N.Y., for appellant.

Nemchek & Poeschl, LLC, Garden City, N.Y. (Gregory J. Gallo of counsel), for respondent.

In an action, inter alia, for injunctive relief, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Loehr, J.), entered January 19, 2011, as denied that branch of her motion which was to dismiss the complaint pursuant to CPLR 8502.

ORDERED that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in determining that the plaintiff, who does not reside in New York State, complied with CPLR 8501(a) and an order of the Supreme Court, Westchester County, entered July 23, 2010, which directed her to post security for costs ( see CPLR 8501[a]; 8502). Accordingly, that branch of the defendant's motion which was to dismiss the complaint pursuant to CPLR 8502 was properly denied ( see CPLR 8502; see generally Brodie v. Adolphus, 228 A.D.2d 919, 644 N.Y.S.2d 423).

MASTRO, A.P.J., HALL, SGROI and COHEN, JJ., concur.