Mitry v. Vezza

—In an action for a divorce and ancillary relief, the defendant appeals from a judgment of the Supreme Court, Westchester County (Nicolai, J.), dated November 10, 1997, which is in favor of the plaintiff awarding him a divorce on the ground of cruel and inhuman treatment. The defendant’s notice of appeal from the decision dated October 14, 1997, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [a]).

Ordered that the judgment is affirmed, with costs.

“The determination of the trial court as a fact finder on the issue of cruel and inhuman treatment will not be lightly…