| Silbowitz v Silbowitz |
| Motion No: 2011-00908 |
| Slip Opinion No: 2011 NY Slip Op 64535(U) |
| Decided on February 17, 2011 |
| 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
M115710
E/sl
DANIEL D. ANGIOLILLO, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-00908 Allison Silbowitz, etc., appellant, v Mitchell Silbowitz, respondent. (Index No. 201654/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to vacate a temporary restraining order precluding her from enrolling the two youngest children in a different school district and permitting the oldest son to reside with the respondent, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated January 27, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
ANGIOLILLO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court