Legal Opinion
Westfall v. County of Erie
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 2001PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously affirmed with costs. Memorandum: A judgment was entered subsequent to the entry of the order from which this appeal was taken. Although the Order is subsumed within the judgment and the appeal is properly from the judgment, not the order (see, Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988), we exercise our discretionary power to treat the appeal as one taken from the judgment (see, CPLR 5520 [c]; Scorsone v Lampell, 237 AD2d 992).
Supreme Court properly granted the petition of Miserendino, Celniker, Seegert & Estoff, P. C. (Miserendino, Celniker firm) for an order…
2Cases cited5 opinions
- Hughes v. NussbaumerAppellate Division of the Supreme Court of the State of New York · 1988
- Klein v. EubankNew York Court of Appeals · 1996
- Rebmann v. WicksAppellate Division of the Supreme Court of the State of New York · 1999
- Benjamin v. Material Damage Adjustment Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Scorsone v. LampellAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by3 opinions
- CELLINO & BARNES, P.C. v. LAW OFFICE OF CHRISTOPHER J. CASSARAppellate Division of the Supreme Court of the State of New York · 2016
- CELLINO & BARNES, P.C. v. LAW OFFICE OF CHRISTOPHER J. CASSARAppellate Division of the Supreme Court of the State of New York · 2016
- Nichols v. NicholsAppellate Division of the Supreme Court of the State of New York · 2002