Legal Opinion
Alaimo v. Alaimo
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1993PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Subsequent to filing the notice of appeal from an order directing equitable distribution of the marital estate, a final judgment of divorce was entered, incorporating the directives of that order. This appeal should have been taken from the final judgment, not the earlier order (see, Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988). We exercise our discretion to treat the notice of appeal as one taken from the judgment (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke…
2Cases cited8 opinions
- Hughes v. NussbaumerAppellate Division of the Supreme Court of the State of New York · 1988
- Heine v. HeineAppellate Division of the Supreme Court of the State of New York · 1992
- Kobylack v. KobylackNew York Court of Appeals · 1984
- Anglin v. AnglinNew York Court of Appeals · 1992
- Cleary v. ClearyAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by3 opinions
- Strang v. StrangAppellate Division of the Supreme Court of the State of New York · 1995
- Spencer v. SpencerAppellate Division of the Supreme Court of the State of New York · 1996
- Rheinstein v. RheinsteinAppellate Division of the Supreme Court of the State of New York · 1997