Legal Opinion
Graves v. Doar
Appellate Division of the Supreme Court of the State of New York
Decided August 30, 2011PublishedCited by 7 opinions
1Opinion of the Court
The appeal from the intermediate order must be dismissed *746because the right of direct appeal therefrom terminated with the entry of the money judgment in the action and proceeding (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the money judgment (see CPLR 5501 [a] [1]).
An award of an attorney’s fee under the Equal Access to Justice Act (CPLR art 86) is generally left to the sound discretion of the trial court (see Matter of Priester v Dowling, 231 AD2d 638 [1996]). Under the…
2Cases cited5 opinions
- In re AhoNew York Court of Appeals · 1976
- MacDonald v. SchweikerDistrict Court, E.D. New York · 1982
- Simpkins v. RileyAppellate Division of the Supreme Court of the State of New York · 1993
- Barnett v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1995
- Priester v. DowlingAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by7 opinions
- Gonzalez v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2017
- Graves v. DoarAppellate Division of the Supreme Court of the State of New York · 2011
- Develop Don't Destroy (Brooklyn), Inc. v. Empire State Development Corp.New York Supreme Court · 2013
- Cintron v. CalogeroAppellate Division of the Supreme Court of the State of New York · 2012
- Cintron v. CalogeroAppellate Division of the Supreme Court of the State of New York · 2012
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