Bengis v Bengis

Motion No: M-4492

Slip Opinion No: 2008 NYSlipOp 84335(U)

Decided on September 30, 2008

Appellate Division, First 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.

September 30, 2008

Bengis v Bengis

Of course, there is no order we can issue that would permit the husband to take the trip. Thus, despite our inherent authority to protect our jurisdiction, we cannot protect it in this case by issuing an order restraining one of the parties from taking an action that might defeat or impair our jurisdiction. Either we would have to issue an order directing Supreme Court to grant permission to the husband or we would have to issue our own order granting permission. The former would be tantamount to a summary reversal and the latter would be a summary reversal. In the absence of precedent supporting the proposition that we are

authorized to do so, or necessitous circumstances involving a risk of public harm, I am loath to assume and exercise that authority.

Before: Andrias, J.P., Nardelli, McGuire, Moskowitz, Renwick, JJ.

Motion No. M-4492