Carlan v. Carlan

Appellate Division of the Supreme Court of New York

Carlan v. Carlan

204 A.D.2d 257, 614 N.Y.S.2d 147, 1994 N.Y. App. Div. LEXIS 4552

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

DecidedMay 2, 1994

StatusPublished

This text of 204 A.D.2d 257 (Carlan v. Carlan) 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

Carlan v. Carlan, 204 A.D.2d 257, 614 N.Y.S.2d 147, 1994 N.Y. App. Div. LEXIS 4552 (N.Y. Ct. App. 1994).

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Opinion

—In a matrimonial action, in which the parties were divorced by judgment entered July 6, 1989, the defendant appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated April 1, 1992, which denied his post-judgment motion to compel a trial on certain counterclaims and ancillary issues.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant’s pro se motion, which sought to compel a trial on certain counterclaims and ancillary issues he had originally raised in his amended answer. The record demonstrates that the defendant’s present motion was made almost three years after the entry of a final judgment of divorce which dismissed his counterclaims based on lack of prosecution. Moreover, we note that the defendant’s appeal from the judgment of divorce was dismissed by this Court in May 1990, for lack of prosecution. Mangano, P. J., Thompson, Joy and Friedmann, JJ., concur.

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—In a matrimonial action, in which the parties were divorced by judgment entered July 6, 1989, the defendant appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated April 1, 1992, which denied his post-judgment motion to compel a trial on certain counterclaims and ancillary issues.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant’s pro se motion, which sought to compel a trial on certain counterclaims and ancillary issues he had originally raised in his amended answer. The record demonstrates that the defendant’s present motion was made almost three years after the entry of a final judgment of divorce which dismissed his counterclaims based on lack of prosecution. Moreover, we note that the defendant’s appeal from the judgment of divorce was dismissed by this Court in May 1990, for lack of prosecution. Mangano, P. J., Thompson, Joy and Friedmann, JJ., concur.

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Bluebook (online)

204 A.D.2d 257, 614 N.Y.S.2d 147, 1994 N.Y. App. Div. LEXIS 4552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlan-v-carlan-nyappdiv-1994.