Koschitzki v Koschitzki
Motion No: 2015-11849
Slip Opinion No: 2015 NY Slip Op 94231(U)
Decided on December 21, 2015
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

M203524

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2015-11849

Brenda Koschitzki, respondent,

v Avi Koschitzki, appellant.

(Index No. 202953/13)

DECISION & ORDER ON MOTION

Motion by Avi Koschitzki for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated November 19, 2015, and, inter alia, to stay the trial on the issue of custody, pending hearing and determination of the appeal.

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

ORDERED that the motion is dismissed for failure to provide proof of service in accordance with the terms of the order to show cause; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements (see CPLR 5701).

RIVERA, J.P., DILLON, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court