Mizrachi v Mizrachi
Motion No: 2008-07124
Slip Opinion No: 2008 NYSlipOp 83671(U)
Decided on September 22, 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

M76032

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-07124

Fortune Mizrachi, respondent,

v Danny Mizrachi, appellant.

(Index No. 33714/05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated June 27, 2008, on the ground that the judgment was entered on the appellant's consent.

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 the respondent raising the issue in her brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court