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From v. From

Citations: 269 A.D.2d 492; 703 N.Y.S.2d 734; 2000 N.Y. App. Div. LEXIS 1961

Court: Appellate Division of the Supreme Court of the State of New York; February 21, 2000; New York; State Appellate Court

Narrative Opinion Summary

In a matrimonial case involving a divorce finalized on May 13, 1996, the former husband (defendant) appeals and the former wife (plaintiff) cross-appeals from a Supreme Court decision dated February 26, 1999, issued by Justice Lefkowitz in Westchester County. The court ordered the dismissal of both the appeal and the cross-appeal, stating that no appeal or cross-appeal is permissible from a decision of this nature, as referenced in Schicchi v Green Construction Corp. Furthermore, the cross-appeal was deemed not timely perfected according to the applicable court rules (22 NYCRR 670.8 [e]). Justices O’Brien, Altman, Friedmann, McGinity, and Smith concurred with the decision. No costs or disbursements were awarded.

Legal Issues Addressed

Appealability of Court Decisions

Application: The court determined that an appeal or cross-appeal cannot be taken from the decision at issue in this matrimonial case.

Reasoning: The court ordered the dismissal of both the appeal and the cross-appeal, stating that no appeal or cross-appeal is permissible from a decision of this nature, as referenced in Schicchi v Green Construction Corp.

Timeliness of Cross-Appeal

Application: The court found that the cross-appeal was not filed within the time limits established by court rules.

Reasoning: Furthermore, the cross-appeal was deemed not timely perfected according to the applicable court rules (22 NYCRR 670.8 [e]).