Schwartz v Schwartz
Motion No: 2008-07929
Slip Opinion No: 2008 NYSlipOp 81911(U)
Decided on September 8, 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

M75390

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-07929

Lisa Schwartz, plaintiff,

v Harold Schwartz, defendant.

(Index No. 21600/06)

DECISION & ORDER ON MOTION

Motion by the plaintiff, inter alia, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 20, 2008, which, inter alia, directed the mother to enroll the subject child in a New Jersey yeshiva pending hearing and determination of the appeal.

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 in light of the representation by the attorney for the child that the yeshiva has revoked the child's right to enroll at the yeshiva; and it is further,

ORDERED that the motion is otherwise denied as academic.

LIFSON, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court