| Matter of Sobel v Lew |
| Motion No: 2016-01589 |
| Slip Opinion No: 2016 NY Slip Op 69072(U) |
| Decided on April 1, 2016 |
| 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
M209060
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
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2016-01589 In the Matter of Gail Sobel, appellant, v Mark Lew, etc., respondent. (Docket No. F-47-98)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated February 29, 2016, which dismissed an appeal by Gail Sobel from an order of the Family Court, Nassau County, dated December 29, 2015, is recalled and vacated; and it is further,
ORDERED that the parties are directed to show cause why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the order dated December 29, 2015, was issued ex parte and is not appealable (see Family Ct Act § 1112; CPLR 5704), by filing an affirmation or affidavit on that issue with the Clerk of this Court on or before April 22, 2016, and by serving one copy of the same on each other; and it is further,
ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this decision and order on motion on the parties by regular mail.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court