Legal Opinion
In re Specht
Appellate Division of the Supreme Court of the State of New York
Decided October 1, 1999PublishedCited by 6 opinions
1Opinion of the Court
—Judgment unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: A judgment was entered subsequent to the order from which this appeal was taken. The order is subsumed in the judgment and the appeal is properly taken from the judgment, not the order (see, Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988). We exercise our discretion to disregard the misstatement in the notice of appeal (see, CPLR 5520 [c]), and we deem the appeal to have been taken from the judgment (see, Soto v Montanez, 201 AD2d…
2Cases cited3 opinions
- Hughes v. NussbaumerAppellate Division of the Supreme Court of the State of New York · 1988
- Soto v. MontanezAppellate Division of the Supreme Court of the State of New York · 1994
- In re Susan P.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by6 opinions
- Talcott v. ZurendaAppellate Division of the Supreme Court of the State of New York · 2008
- Troy Sand & Gravel Co. v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2000
- Matter of GordonAppellate Division of the Supreme Court of the State of New York · 2020
- In re Jack S.Appellate Division of the Supreme Court of the State of New York · 2011
- In re Samuel S.Appellate Division of the Supreme Court of the State of New York · 2012
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