Appellate Division: Second Judicial Department

M274805

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

BETSY BARROS

PAUL WOOTEN, JJ.

2020-07902 In the Matter of Chaya R. Herzberg, appellant, v Shia Herzberg, respondent. (Docket Nos. V-34019-2017, V-34018-2017)

DECISION & ORDER ON MOTION

Appeal by Chaya R. Herzberg from an order of the Family Court, Kings County, dated October 7, 2020, which was dismissed by decision and order on motion of this Court dated November 2, 2020, on the ground that no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3, and leave to appeal has not been granted. Motion by the appellant, inter alia, to recall and vacate the decision and order on motion of this Court dated November 2, 2020, for leave to appeal to this Court from the order dated October 7, 2020, and to direct that the subject children be enrolled in a certain school.

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

ORDERED that the branches of the motion which are to recall and vacate the decision and order on motion dated November 2, 2020, and for leave to appeal to this Court from the order dated October 7, 2020, are denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., LEVENTHAL, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court