Matter of Westenberger v Westenberger
Motion No: 2004-04450
Slip Opinion No: 2006 NYSlipOp 61079(U)
Decided on January 25, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35284

Y/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2004-04450

In the Matter of Kurt Westenberger, appellant,

v Rosalie Westenberger, respondent.

(Proceeding Nos. 1 and 2)

(Docket Nos. F-2673/01, F-2837/01)

In the Matter of Rosalie Westenberger, respondent,

v Kurt Westenberger, appellant.

(Proceeding Nos. 3 and 4)

(Docket Nos. F-2837/01/02A, F-2837-01/02B)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated November 21, 2005, which determined an appeal from an order of the Family Court, Nassau County, dated April 14, 2004.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied.

H. MILLER, J.P., LUCIANO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court