Leonard v. Leonard
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lindley, J.
In this matrimonial action, defendant wife appeals from an order issued by the Judicial Hearing Officer (JHO) who presided over the parties’ nonjury trial. Defendant attributes multiple errors to the JHO, whose order was later subsumed in a judgment of divorce entered in Supreme Court. Although no appeal lies from the order, “we exercise our discretion to treat the notice of appeal as valid and deem the appeal [as] taken from the judgment” (Hughes v Hughes, 84 AD3d 1745, 1746 [2011]; see *128CPLR 5520 [c]; Nichols v Nichols [appeal No. 1], 291 AD2d 875, 875 [2002]).
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2Cases cited17 opinions
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- York v. ZullichAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by18 opinions
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- Lomaglio v. LomaglioNew York Supreme Court · 2013
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