Kletzkin v. Kletzkin

Appellate Division of the Supreme Court of New York

Kletzkin v. Kletzkin

189 A.D.2d 857, 592 N.Y.S.2d 975, 1993 N.Y. App. Div. LEXIS 639

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

DecidedJanuary 25, 1993

StatusPublished

Cited by1 cases

This text of 189 A.D.2d 857 (Kletzkin v. Kletzkin) 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

Kletzkin v. Kletzkin, 189 A.D.2d 857, 592 N.Y.S.2d 975, 1993 N.Y. App. Div. LEXIS 639 (N.Y. Ct. App. 1993).

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Opinion

— In a matrimonial action, in which the parties were divorced by judgment dated July 26, 1990, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Miller, J.H.O.), entered December 17, 1990, as upon granting the plaintiff’s motion denominated as one to reargue and resettle, adhered to its prior determination.

[858]*858Ordered that the appeal is dismissed without costs or disbursements.

Since the claims raised by the wife are based on her trial testimony and she has failed to order and settle the transcript of the trial, and since the exception set forth in CPLR 5525 (b) is not applicable, the appeal must be dismissed (see, Matter of Baiko v Baiko, 141 AD2d 635). Thompson, J. P., Balletta, Rosenblatt and Eiber, JJ., concur.

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— In a matrimonial action, in which the parties were divorced by judgment dated July 26, 1990, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Miller, J.H.O.), entered December 17, 1990, as upon granting the plaintiff’s motion denominated as one to reargue and resettle, adhered to its prior determination.

[858]*858Ordered that the appeal is dismissed without costs or disbursements.

Since the claims raised by the wife are based on her trial testimony and she has failed to order and settle the transcript of the trial, and since the exception set forth in CPLR 5525 (b) is not applicable, the appeal must be dismissed (see, Matter of Baiko v Baiko, 141 AD2d 635). Thompson, J. P., Balletta, Rosenblatt and Eiber, JJ., concur.

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Bluebook (online)

189 A.D.2d 857, 592 N.Y.S.2d 975, 1993 N.Y. App. Div. LEXIS 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kletzkin-v-kletzkin-nyappdiv-1993.

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