Matter of Schwartz v Schwartz
Motion No: 2007-01880
Slip Opinion No: 2007 NYSlipOp 67792(U)
Decided on April 19, 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

M53535

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

MARK C. DILLON

JOSEPH COVELLO, JJ.

2007-01880

In the Matter of Joel Schwartz, respondent,

v Herschal Schwartz, appellant.

(Docket No. O-26242-06)

DECISION & ORDER ON MOTION

Appeal by Herschal Schwartz from an order of the Family Court, Kings County, dated January 4, 2007. By order to show cause dated March 21, 2007, the parties or their attorneys were 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 was not appealable as of right and the appellant had not sought leave to appeal (see Family Ct Act § 1112).

Upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the order to show cause to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Family Ct Act § 1112).

RIVERA, J.P., FLORIO, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court