Cacciola v. Cacciola

Appellate Division of the Supreme Court of New York

Cacciola v. Cacciola

65 A.D.2d 765, 410 N.Y.S.2d 6, 1978 N.Y. App. Div. LEXIS 13590

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

DecidedNovember 13, 1978

StatusPublished

This text of 65 A.D.2d 765 (Cacciola v. Cacciola) 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.

Bluebook

Cacciola v. Cacciola, 65 A.D.2d 765, 410 N.Y.S.2d 6, 1978 N.Y. App. Div. LEXIS 13590 (N.Y. Ct. App. 1978).

Pincite

Opinion

—In a matrimonial action in which a judgment of separation was granted against the defendant on default on June 3, 1968, he appeals from an order of the Supreme Court, Westchester County, entered April 21, 1978, which denied his motion to vacate said judgment. Order affirmed, without costs or disbursements. Defendant’s motion for postjudgment relief was apparently brought pursuant to CPLR 5015 (subd [a]), and as such was required to proceed upon "such notice as the court may direct”. No court "direction” was obtained and, as Mr. Justice Silberman correctly observed, the method of notice actually employed was legally insufficient. Hopkins, J. P., Martuscello, Gulotta and Shapiro, JJ., concur.

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—In a matrimonial action in which a judgment of separation was granted against the defendant on default on June 3, 1968, he appeals from an order of the Supreme Court, Westchester County, entered April 21, 1978, which denied his motion to vacate said judgment. Order affirmed, without costs or disbursements. Defendant’s motion for postjudgment relief was apparently brought pursuant to CPLR 5015 (subd [a]), and as such was required to proceed upon "such notice as the court may direct”. No court "direction” was obtained and, as Mr. Justice Silberman correctly observed, the method of notice actually employed was legally insufficient. Hopkins, J. P., Martuscello, Gulotta and Shapiro, JJ., concur.

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Bluebook (online)

65 A.D.2d 765, 410 N.Y.S.2d 6, 1978 N.Y. App. Div. LEXIS 13590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cacciola-v-cacciola-nyappdiv-1978.