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May v. May
Citations: 245 A.D.2d 275; 666 N.Y.S.2d 20; 1997 N.Y. App. Div. LEXIS 12081
Court: Appellate Division of the Supreme Court of the State of New York; November 30, 1997; New York; State Appellate Court
In a divorce case, the plaintiff appeals from two court orders issued by the Supreme Court of Putnam County on October 31, 1996. The first order denied her objections to a proposed judgment of divorce, and the second pertains to specified portions of the same judgment. The court dismissed the appeal from the order, stating that an appeal does not lie as of right from an order that does not determine a motion made on notice, citing CPLR 5701. The appeal from the judgment was also dismissed because the contested portions were based on a comprehensive stipulation of settlement agreed upon by both parties. Since the plaintiff consented to the stipulation's terms, she is not considered an aggrieved party, making those portions of the judgment non-appealable under CPLR 5511 and relevant case law. The respondent is awarded one bill of costs. The justices concurring include Thompson, Pizzuto, Joy, and Florio.