Robertson v. Robertson

In an action for a divorce and ancillary relief, the plaintiff husband appeals from an order of the Supreme Court, Queens County (Lebowitz, J.), dated December 9, 2005, which, after a nonjury trial, in effect, granted the defendant’s application to dismiss the complaint.

Ordered that on the Court’s own motion, the notice of appeal *687from the decision dated April 26, 2005, is deemed to be a premature notice of appeal from the order dated December 9, 2005 (see CPLR 5520 [c]), the notice of appeal is deemed to be an application for leave to appeal from the order, and leave to appeal is granted (see…