Appellate Division: Second Judicial Department

M257890

E/afa

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2018-12984, 2018-13097 In the Matter of Chaya R. Herzberg, appellant, v Shia Herzberg, respondent. (Docket Nos. V-34018-17, V-34019-17)

DECISION & ORDER ON MOTION

Motion by Chaya R. Herzberg on appeals from two orders of the Family Court, Kings County, both dated October 19, 2018, for leave to appeal to this Court from the order which, inter alia, directed that the subject children be enrolled in public school, and to stay enforcement of that order and direct that the children be enrolled in another school, pending hearing and determination of the appeals. Separate motion by Chaya R. Herzberg for leave to appeal to this Court from the order which granted a motion to quash a certain nonparty subpoena.

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

ORDERED that the branch of the motion which is for leave to appeal and the separate motion for that relief are denied; and it is further,

ORDERED that on the Court's own motion, the appeals purportedly taken as of right are dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of that order and direct that the children be enrolled in another school is denied as academic.

BALKIN, J.P., ROMAN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court