York v York
Motion No: 2008-10217
Slip Opinion No: 2008 NYSlipOp 91873(U)
Decided on December 12, 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

M79854

E/cb

PETER B. SKELOS, J.P.

MARK C. DILLON

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2008-10217

Esther York, plaintiff,

v Joseph York, defendant.

(Index No. 11853/98)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Queens County, dated October 10, 2008, and, inter alia, to hold the defendant in contempt for failing to comply with an order of the same court dated July 30, 2008.

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 to this court is denied; and it is further,

ORDERED that the branch of the motion which is to hold the defendant in contempt is denied without prejudice to seeking the same relief by filing a notice of motion in the Supreme Court, Queens County.

SKELOS, J.P., DILLON, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court