| Schwartz v Schwartz |
| Motion No: 2009-08106 |
| Slip Opinion No: 2009 NY Slip Op 85407(U) |
| Decided on October 8, 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. |
Appellate Division: Second Judicial Department
M92943
E/sl
STEVEN W. FISHER, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2009-08106 Michelle Schwartz, appellant, v Jeffrey Schwartz, respondent. (Index No. 23196/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue his opposition to the appellant's prior motion, in effect, to stay enforcement of stated portions of an order of the Supreme Court, Kings County, dated August 14, 2009, pending hearing and determination of an appeal therefrom, which was determined by decision and order on motion dated September 10, 2009, or, in the alternative, for a preference in the calendaring 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 reargue is denied; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted and the appeals will be calendared after all of the briefs have been filed.
FISHER, J.P., BALKIN, HALL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court