Hymowitz v Hymowitz
Motion No: 2010-11369
Slip Opinion No: 2010 NY Slip Op 90899(U)
Decided on December 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M112773

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-11369

Ira Hymowitz, plaintiff,

v Ellen Hymowitz, defendant.

(Index No. 202994/08)

DECISION & ORDER ON MOTION

Motion by Ellen Hymowitz for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated November 18, 2010, and to stay the trial in the above-entitled action pending hearing and determination of an 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 appeal is denied; and it is further,

ORDERED that the branch of the motion which is to stay the trial is denied as academic.

SKELOS, J.P., DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court