Abizadeh v Abizadeh
Motion No: 2019-11581
Slip Opinion No: 2021 NY Slip Op 63028(U)
Decided on March 15, 2021
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

M276062

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2019-11581

Ramin Abizadeh, appellant, v Galit Abizadeh,

respondent.

(Index No. 203117/2009)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered August 13, 2019, which was determined by decision and order of this Court dated January 20, 2021. Motion by the appellant for leave to reargue the appeal, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to reargue is granted to the extent that the decision and order of this Court dated January 20, 2021, is amended by deleting from the last sentence of the second-to-last paragraph thereof the phrase ", who remained in place until the sale of the marital home albeit by a foreclosure auction"; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., HINDS-RADIX, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court