Levi v Levi
Motion No: 2008-06955
Slip Opinion No: 2008 NYSlipOp 81174(U)
Decided on August 26, 2008
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

M74971

E/cb

WILLIAM F. MASTRO, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-06955

Avraham Levi, plaintiff,

v Sigal Levi, defendant.

(Index No. 43247/01)

DECISION & ORDER ON MOTION

Motion by Avraham Levi, in effect, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 17, 2008, for temporary custody of the subject child pending hearing and determination of the appeal, and for poor person relief.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the branch of the motion which is for temporary custody of the subject child is denied as academic; and it is further,

ORDERED that the branch of the motion which is for poor person relief is granted to the extent that the motion filing fee is waived and is otherwise denied as academic.

MASTRO, J.P., LIFSON, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court