Matter of Glatzer v Glatzer
Motion No: 2008-06713
Slip Opinion No: 2009 NYSlipOp 67497(U)
Decided on March 25, 2009
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

M84297

S/cb

STEVEN W. FISHER, J.P.

MARK C. DILLON

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-06713

In the Matter of Rose Glatzer, appellant,

v Jay Z. Glatzer, respondent.

(Index No. 27235/06)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 17, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent, inter alia, to strike the appellant's brief and record on an appeal from an order of the Supreme Court, Kings County, dated May 8, 2008.

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

ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on whether the affirmation of Rabbi Peretz Steinberg, which was reviewed in connection with the motion and cross motion that resulted in the order dated May 8, 2008, was signed or unsigned at the time it was originally submitted, and the respondent's motion is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.

FISHER, J.P., DILLON, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court