Opinion
17320 Index No. 159342/20 Case No. 2021–03526
01-31-2023
Michael ELLENBOGEN, Plaintiff–Appellant, v. Melissa MITRESKI, Defendant–Respondent.
Benjamin Katz P.C., New York (Benjamin Katz of counsel), for appellant. Melissa Mitreski, respondent pro se.
Benjamin Katz P.C., New York (Benjamin Katz of counsel), for appellant.
Melissa Mitreski, respondent pro se.
Manzanet–Daniels, J.P., Kapnick, Kern, Singh, Scarpulla, JJ.
Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered August 10, 2021, which denied plaintiff's motion for an order of seizure, preliminary injunction, and temporary restraining order pursuant to CPLR 7102 and 7109, unanimously affirmed, without costs.
The motion court applied the proper standard in denying plaintiff's motion by considering the "best interest for all concerned" and finding that the parties jointly acquired the dog in 2009, but, considering the now 13–year–old dog's age, the dog should remain with defendant in New York, where the dog has lived and prospered for most of her life, rather than travel back and forth to Nashville, Tennessee, where plaintiff resides (see Raymond v. Lachmann, 264 A.D.2d 340, 341, 695 N.Y.S.2d 308 [1st Dept. 1999] ).
We have considered plaintiff's remaining contentions and find them unavailing.