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AVITAL v. AVITAL

152 A.D.2d 523 (1989)

Emma Avital, Respondent, v. Eitan Avital, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 3, 1989

Ordered that on the court's own motion, the appellant's notice of appeal from so much of the order as directed a hearing is treated as an application for leave to appeal, the application is referred to Justice Balletta, and leave to appeal is granted by Justice Balletta (CPLR 5701 [b] [1]); and it is further,

Ordered that the order is reversed, with costs, the motion to vacate the default judgment is granted, and the matter is remitted to the Supreme Court, Queens...

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