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MATTER OF BURNHAM v. BRENNA

2010-12046.

86 A.D.3d 537 (2011)

926 N.Y.S.2d 326

2011 NY Slip Op 5805

In the Matter of JOHN BURNHAM, Appellant, v. LISA BRENNA, Respondent.

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

Decided July 5, 2011.

Ordered that the order is affirmed, with costs.

The father moved to dismiss the mother's motion pursuant to CPLR 2221 to renew her prior motion and for an award of an attorney's fee. The Family Court properly denied the father's motion, because a motion to dismiss pursuant to CPLR 3211 may be directed only against a cause of action or a defense, not a motion (see CPLR 3211 [a], [b]). Here, the proper response to the...

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