Schwimmer v Welz
Motion No: 2007-00749
Slip Opinion No: 2007 NYSlipOp 63477(U)
Decided on February 20, 2007
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

M50841

E/nl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

DAVID S. RITTER

DANIEL D. ANGIOLILLO, JJ.

2007-00749

Mendel Schwimmer, etc., appellant, et al.,

plaintiffs, v Aron Welz, et al., respondents.

(Index No. 14420/06)

DECISION & ORDER ON MOTION

Motion by the respondent Aron Welz and United Talmudical Academy of Boro Park to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 6, 2006.

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

ORDERED that the motion is denied without prejudice to raising the issue in the movants' brief.

MILLER, J.P., SCHMIDT, RITTER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court