Fucci v. Fucci

Appellate Division of the Supreme Court of New York

Fucci v. Fucci

146 A.D.2d 670, 538 N.Y.S.2d 461, 1989 N.Y. App. Div. LEXIS 602

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

DecidedJanuary 23, 1989

StatusPublished

This text of 146 A.D.2d 670 (Fucci v. Fucci) 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

Fucci v. Fucci, 146 A.D.2d 670, 538 N.Y.S.2d 461, 1989 N.Y. App. Div. LEXIS 602 (N.Y. Ct. App. 1989).

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Opinion

—In an action for a divorce and ancillary relief, the defendant wife appeals from (1) an order of the Supreme Court, Nassau County (Kutner, J.), dated September 30, 1987, which conditionally granted the plaintiffs motion for an order striking the defendant’s answer, and (2) an order of the same court dated March 21, 1988, which, inter alia, granted the plaintiffs motion to strike the defendant’s answer and transferred the action to the Uncontested Matrimonial Calendar.

Ordered that the appeals from the orders are dismissed without costs or disbursements.

The appeals from the intermediate orders must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action on August 12, 1988 [671]*671(see, Matter of Aho, 39 NY2d 241, 248). Review of the issues raised on the appeals from the order is available upon the appeal from the judgment, which we are advised is pending. Lawrence, J. P., Eiber, Harwood and Balletta, JJ., concur.

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—In an action for a divorce and ancillary relief, the defendant wife appeals from (1) an order of the Supreme Court, Nassau County (Kutner, J.), dated September 30, 1987, which conditionally granted the plaintiffs motion for an order striking the defendant’s answer, and (2) an order of the same court dated March 21, 1988, which, inter alia, granted the plaintiffs motion to strike the defendant’s answer and transferred the action to the Uncontested Matrimonial Calendar.

Ordered that the appeals from the orders are dismissed without costs or disbursements.

The appeals from the intermediate orders must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action on August 12, 1988 [671]*671(see, Matter of Aho, 39 NY2d 241, 248). Review of the issues raised on the appeals from the order is available upon the appeal from the judgment, which we are advised is pending. Lawrence, J. P., Eiber, Harwood and Balletta, JJ., concur.

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Bluebook (online)

146 A.D.2d 670, 538 N.Y.S.2d 461, 1989 N.Y. App. Div. LEXIS 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fucci-v-fucci-nyappdiv-1989.

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