Matter of Schwartz v Schwartz
Motion No: 2007-01880
Slip Opinion No: 2007 NYSlipOp 65801(U)
Decided on March 21, 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

M52369

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-01880

In the Matter of Joel Schwartz, respondent,

v Herschal Schwartz, appellant.

(Docket No. O-26242-06)

ORDER TO SHOW CAUSE

Appeal by Herschal Schwartz from an order of the Family Court, Kings County, dated January 4, 2007.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order is not appealable as of right and the appellant has not sought leave to appeal (see Family Ct Act § 1112), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before April 6, 2007; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.

MILLER, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court