Matter of Al-Sinjari v Al-Sinjari
2021 NY Slip Op 06525 [199 AD3d 1492]
November 19, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 29, 2021


[*1]
 In the Matter of Ali Al-Sinjari, Appellant,
v
Omar Al-Sinjari, Respondent.

Hashmi Law Firm, Rochester (Kamran F. Hashmi of counsel), for petitioner-appellant.

Shults & Shults, Hornell (David A. Shults of counsel), for respondent-respondent.

Appeal from a judgment and order (one paper) of the Supreme Court, Steuben County (Kevin M. Nasca, J.), entered September 1, 2020. The judgment and order dismissed the petition and vacated a temporary restraining order.

It is hereby ordered that the judgment and order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to General Obligations Law § 5-1510, petitioner appeals from a judgment and order that, inter alia, dismissed the petition. We affirm. Although petitioner contends that he is entitled to an accounting under section 5-1510 (1), his contention is not properly before us because the petition does not request an accounting under that subdivision (see generally Ciesinski v Town of Aurora, 202 AD2d 984, 985 [4th Dept 1994]). We have reviewed petitioner's remaining contentions and conclude that none warrants reversal or modification of the judgment and order. Present—Centra, J.P., Peradotto, Troutman, Winslow and DeJoseph, JJ.