Guttentag v. Guttentag

Appellate Division of the Supreme Court of New York

Guttentag v. Guttentag

22 A.D.2d 708, 1964 N.Y. App. Div. LEXIS 2979

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

DecidedOctober 26, 1964

StatusPublished

This text of 22 A.D.2d 708 (Guttentag v. Guttentag) 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

Guttentag v. Guttentag, 22 A.D.2d 708, 1964 N.Y. App. Div. LEXIS 2979 (N.Y. Ct. App. 1964).

Pincite

Opinion

Motion by respondent to dismiss appeal from an alleged “order” of June 15, 1964 on the ground that said document is in fact a memorandum decision and hence is not an order from which an appeal may properly be taken. Motion denied. It appears that, based upon said decision a final judgment of separation was signed June 16, 1964 and entered June 18, 1964. Appellant served her notice of appeal on July 10, 1964, but inadvertently stated that she appeals from the “order” of June 15, 1964. Under the circumstances, and since the notice of appeal was timely served, the appeal will be deemed to have been taken from the judgment of June 16, 1964; the notice of appeal is amended accordingly (OPLR 5512, 2001). Christ, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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Motion by respondent to dismiss appeal from an alleged “order” of June 15, 1964 on the ground that said document is in fact a memorandum decision and hence is not an order from which an appeal may properly be taken. Motion denied. It appears that, based upon said decision a final judgment of separation was signed June 16, 1964 and entered June 18, 1964. Appellant served her notice of appeal on July 10, 1964, but inadvertently stated that she appeals from the “order” of June 15, 1964. Under the circumstances, and since the notice of appeal was timely served, the appeal will be deemed to have been taken from the judgment of June 16, 1964; the notice of appeal is amended accordingly (OPLR 5512, 2001). Christ, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

22 A.D.2d 708, 1964 N.Y. App. Div. LEXIS 2979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guttentag-v-guttentag-nyappdiv-1964.