Elbogen v Lazarovics
Motion No: 2020-05670
Slip Opinion No: 2020 NY Slip Op 70948(U)
Decided on September 2, 2020
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

M272764

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

LINDA CHRISTOPHER, JJ.

2020-05670

Brittany Lea Elbogen, respondent,

v Jonathan Lazarovics, appellant.

(Index No. 505841/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated July 17, 2020. Motion by Jonathan Lazarovics for leave to appeal to this Court from the order dated July 17, 2020, to stay enforcement of stated portions of the order, pending hearing and determination of the appeal, for poor person relief, and for the assignment of counsel.

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 to this Court from the order dated July 17, 2020, is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of stated portions of the order dated July 17, 2020, is denied; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are denied, with leave to renew, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses.

MASTRO, J.P., DILLON, LEVENTHAL and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court