Legal Opinion

Anthony v. Anthony

Appellate Division of the Supreme Court of the State of New York

Decided June 3, 1985Published

1Opinion of the Court

In a matrimonial action, plaintiff husband appeals from an order of the Supreme Court, Suffolk County (Geiler, J.), dated July 24, 1984, which denied his motion for reargument of his prior motion to compel defendant and the parties’ son to submit to a blood grouping test.

Appeal dismissed, with costs.

No appeal lies from an order denying reargument. Special Term properly determined that the motion before it was one for reargument. The affidavits of plaintiff and his parents submitted in support of the application contained no new evidentiary facts which were unavailable at the time of the…

2Cases cited2 opinions

  1. Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
  2. Frank v. GesselAppellate Division of the Supreme Court of the State of New York · 1985

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