Opinion
April 22, 1996
Appeal from the Supreme Court, Westchester County (Ingrassia, J.).
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the plaintiff's contention, the Supreme Court did not err in denying, without an evidentiary hearing, his motion for leave to enroll the parties' daughter in a private school for kindergarten. Under the circumstances of this action, the parties would be best served by proceeding toward a speedy trial to resolve disputed issues regarding their daughter's custody and education ( see, Lazich v. Lazich, 189 A.D.2d 750; Askinas v Askinas, 155 A.D.2d 498). Santucci, J.P., Altman, Krausman and Goldstein, JJ., concur.