Legal Opinion

Bernstein v. Bernstein

Appellate Division of the Supreme Court of the State of New York

Decided July 14, 1986PublishedCited by 2 opinions

1Opinion of the Court

— In a matrimonial action, the husband appeals from a purported order of the Supreme Court, Queens County (Berkowitz, J.), entered October 25, 1985, which denied his motion for an order granting him possession and ownership of the marital premises.

Appeal from the purported order dismissed (see, CPLR 2219, 5512 [a]).

Special Term did not sign an order in appealable form. Hence, no appeal lies to this court. Even if the order were in proper form, the absence of minutes makes it impossible for this court to pass upon the correctness of Special Term’s ruling. Consequently, if the appellant wishes…

2Cited by2 opinions

  1. O'Fennell Corp. v. O'Fennell's of Pine Hill, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  2. DiSanto v. DiSantoAppellate Division of the Supreme Court of the State of New York · 2006

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