Narrative Opinion Summary
An appeal was filed by the plaintiffs and a cross appeal by defendants Thomas E. Halvey and Dolores A. Halvey from an order issued by Justice LeVine of the Supreme Court, Queens County, on April 18, 1996. The court dismissed the cross appeal from the Halveys due to their failure to perfect it in accordance with the court's rules (22 NYCRR 670.8 [a]). The order from which the plaintiffs appealed was affirmed for the reasons provided by Justice LeVine. Additionally, the defendants-respondents were awarded one bill of costs to be paid by the plaintiffs. The decision was concurred by Justices O’Brien, Joy, Friedmann, and Florio.
Legal Issues Addressed
Affirmation of Lower Court's Ordersubscribe to see similar legal issues
Application: The appellate court affirmed the lower court's order based on the rationale provided by the presiding Justice.
Reasoning: The order from which the plaintiffs appealed was affirmed for the reasons provided by Justice LeVine.
Awarding of Costs to Defendants-Respondentssubscribe to see similar legal issues
Application: The appellate court awarded costs to the defendants-respondents, to be paid by the plaintiffs.
Reasoning: Additionally, the defendants-respondents were awarded one bill of costs to be paid by the plaintiffs.
Dismissal of Appeal for Failure to Perfectsubscribe to see similar legal issues
Application: The court dismissed the cross appeal filed by the defendants due to non-compliance with procedural requirements.
Reasoning: The court dismissed the cross appeal from the Halveys due to their failure to perfect it in accordance with the court's rules (22 NYCRR 670.8 [a]).