Appellate Division: Second Judicial Department

M46238

T/sl

FRED T. SANTUCCI, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2006-09038, 2006-10133 In the Matter of Joel Schwartz, respondent, v Aaron Zimmerman, appellant. (Docket No. O-26241-06)

DECISION & ORDER ON MOTION

Motions by the appellant, inter alia, in effect, for leave to appeal to this court from an order of the Family Court, Kings County, dated September 25, 2006, and a temporary order of protection of the same court dated October 4, 2006, to stay all proceedings in the above-entitled proceeding and to stay enforcement of the temporary order of protection pending hearing and determination of the appeals. Separate motion by the respondent to disqualify the law firm of Goldberg Rimberg & Freidlander, PLLC, from representing the appellant on the appeals.

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

ORDERED that the branch of the appellant's motion which is for leave to appeal to this court from the order dated September 25, 2006, is denied; and it is further,

ORDERED that the branch of the appellant's motion which is for leave to appeal to this court from the temporary order of protection dated October 4, 2006, is granted; and it is further,

ORDERED that the branches of the appellant's motions which are to stay all proceedings in the above-entitled matter and to stay enforcement of the temporary order of protection dated October 4, 2006, pending hearing and determination of the appeals are denied; and it is further,

ORDERED that the appellant's motions are otherwise denied; and it is further,

ORDERED that the respondent's motion is denied without prejudice to seeking relief in the Family Court, Kings County.

SANTUCCI, J.P., SKELOS, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court