| Mizrachi v Mizrachi |
| Motion No: 2009-11209 |
| Slip Opinion No: 2010 NY Slip Op 72060(U) |
| Decided on May 20, 2010 |
| 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
M103261
E/sl
FRED T. SANTUCCI, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2009-11209 Fortune Mizrachi, respondent, v Danny Mizrachi, appellant. (Index No. 33714/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enjoin the respondent from selling or encumbering the subject real property without providing prior notice to the appellant, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 11, 2009. Cross motion by the respondent to dismiss the appeal and for an attorney's fee for the costs incurred in defending the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the cross motion which is for an attorney's fee is denied without prejudice to seeking that relief in the Supreme Court, Kings County.
SANTUCCI, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court