Schwartz v Schwartz
Motion No: 2009-07738
Slip Opinion No: 2009 NY Slip Op 86748(U)
Decided on October 22, 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

M93549

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-07738

David Schwartz, respondent-appellant,

v Melanie Schwartz, appellant-respondent.

(Index No. 27604/07)

DECISION & ORDER ON MOTION

Motion by David Schwartz on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated July 20, 2009, in effect, for summary reversal of the appeal and summary relief on the cross appeal.

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

ORDERED that the motion is denied.

MASTRO, J.P., BALKIN, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court