Appellate Division: Second Judicial Department

M107045

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-07195 Cheryl Isaacs, respondent, v Mark P. Isaacs, appellant. (Index No. 202356/08)

DECISION & ORDER ON MOTION

Motion by Mark P. Isaacs for leave to appeal to this court from an order of the Supreme Court, Nassau County, entered July 9, 2010, and, in effect, to stay enforcement of stated portions of the order pending hearing and determination of the appeal. Cross motion by the respondent, inter alia, to impose a sanction upon the appellant and for an award of an attorney's fee.

Upon the papers filed in support of the motion and the cross motion, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal from so much of the order entered July 9, 2010, as referred to trial the appellant's application for a credit relating to certain college expenses and the respondent's application for sanctions, and referred for a hearing the appellant's applications for a downward modification of his interim support obligations, as well as modification of his obligation to pay certain college expenses, and the respondent's applications for an upward modification of the appellant's interim support obligations, and to direct the appellant to provide her with a car, and pay certain dental expenses is denied; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right from so much of the order entered July 9, 2010, as referred to trial the appellant's application for a credit relating to certain college expenses and the respondent's application for sanctions, and referred for a hearing the appellant's applications for a downward modification of his interim support obligations, as well as modification of his obligation to pay certain college expenses, and the respondent's applications for an upward modification of the appellant's interim support obligations, and to direct the appellant to provide her with a car, and pay certain dental expenses is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the remainder of the order entered July 9, 2010, is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court