Legal Opinion
Spano v. County of Onondaga
Appellate Division of the Supreme Court of the State of New York
Decided February 1, 1991PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Initially, we note that plaintiff’s notice of appeal is premature because it was filed prior to the issuance and entry of the order from which the appeal is taken (see, Matter of Wayne M. v Francis N, 154 AD2d 837, 839; Matter of Abbott v Conway, 148 AD2d 909, 910, lv denied 74 NY2d 608). Nonetheless, in the exercise of our discretion and in the interest of judicial economy, we address the merits of the appeal (see, CPLR 5520 [c]) and affirm for reasons stated in the decision of Supreme Court, Onondaga County (Reagan, J.).
Furthermore,…
2Cases cited3 opinions
- Vitale v. HaganNew York Court of Appeals · 1988
- Abbott v. ConwayAppellate Division of the Supreme Court of the State of New York · 1989
- Wayne M. v. Francis N.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by6 opinions
- In re Nicholas B.Appellate Division of the Supreme Court of the State of New York · 2011
- Danial R.B. v. Ledyard M.Appellate Division of the Supreme Court of the State of New York · 2006
- In re Charles BB.Appellate Division of the Supreme Court of the State of New York · 1992
- Consumer Solutions REO, LLC v. GiglioAppellate Division of the Supreme Court of the State of New York · 2010
- In re James J.Appellate Division of the Supreme Court of the State of New York · 1994
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