Blue Cross & Blue Shield of Western New York, Inc. v. Michael

Appellate Division of the Supreme Court of New York

Blue Cross & Blue Shield of Western New York, Inc. v. Michael

255 A.D.2d 1004, 679 N.Y.S.2d 863, 1998 N.Y. App. Div. LEXIS 12309

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

DecidedNovember 13, 1998

StatusPublished

This text of 255 A.D.2d 1004 (Blue Cross & Blue Shield of Western New York, Inc. v. Michael) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Blue Cross & Blue Shield of Western New York, Inc. v. Michael, 255 A.D.2d 1004, 679 N.Y.S.2d 863, 1998 N.Y. App. Div. LEXIS 12309 (N.Y. Ct. App. 1998).

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Opinion

—Judgment unanimously affirmed with costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Kane, J.). We note that the [1005]*1005appeal was taken from that part of an order that was subsumed in a subsequent judgment, and thus the appeal is properly taken from the judgment, not the order (see, Hughes v Nusshaumer, Clarke & Velzy, 140 AD2d 988). We exercise our discretion to disregard the misstatement in the notice of appeal, and we treat the appeal as taken from the judgment (see, CPLR 5520 [c]; Hughes v Nusshaumer, Clarke & Velzy, supra). (Appeal from Judgment of Supreme Court, Erie County, Kane, J. — Summary Judgment.) Present — Green, J. P., Pigott, Jr., Balio and Fallon, JJ.

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—Judgment unanimously affirmed with costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Kane, J.). We note that the [1005]*1005appeal was taken from that part of an order that was subsumed in a subsequent judgment, and thus the appeal is properly taken from the judgment, not the order (see, Hughes v Nusshaumer, Clarke & Velzy, 140 AD2d 988). We exercise our discretion to disregard the misstatement in the notice of appeal, and we treat the appeal as taken from the judgment (see, CPLR 5520 [c]; Hughes v Nusshaumer, Clarke & Velzy, supra). (Appeal from Judgment of Supreme Court, Erie County, Kane, J. — Summary Judgment.) Present — Green, J. P., Pigott, Jr., Balio and Fallon, JJ.

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255 A.D.2d 1004, 679 N.Y.S.2d 863, 1998 N.Y. App. Div. LEXIS 12309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blue-cross-blue-shield-of-western-new-york-inc-v-michael-nyappdiv-1998.

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