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In re the Estate of Martin

89 A.D.3d 1029, 933 N.Y.2d 561
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 22, 2011
StatusPublished

This text of 89 A.D.3d 1029 (In re the Estate of Martin) 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
In re the Estate of Martin, 89 A.D.3d 1029, 933 N.Y.2d 561 (N.Y. Ct. App. 2011).

Opinion

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the decree in the proceeding (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order would have been brought up for review on the appeal from the decree. However, since the appendix filed by the appellant is inadequate to enable this Court to render an informed decision on the merits, the appeal from the decree must be dismissed (see Miller v Cruise Fantasies, Ltd., 74 AD3d 921 [2010]; Marcantonio v Picozzi, 46 AD3d 522 [2007]). Dillon, J.E, Dickerson, Chambers and Miller, JJ., concur.

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Related

In re Aho
347 N.E.2d 647 (New York Court of Appeals, 1976)
Marcantonio v. Picozzi
46 A.D.3d 522 (Appellate Division of the Supreme Court of New York, 2007)
Miller v. Cruise Fantasies, Ltd.
74 A.D.3d 921 (Appellate Division of the Supreme Court of New York, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
89 A.D.3d 1029, 933 N.Y.2d 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-martin-nyappdiv-2011.