Mongielo v. Mongielo

2018 NY Slip Op 4199

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 8, 2018
• Docket: 677 CA 17-01885
• Status: Published

Opinion

Mongielo v Mongielo (2018 NY Slip Op 04199)

Mongielo v Mongielo

2018 NY Slip Op 04199

Decided on June 8, 2018

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 8, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND CURRAN, JJ.

677 CA 17-01885

[*1]SUSAN D. MONGIELO, PLAINTIFF-RESPONDENT,

v

DAVID J. MONGIELO, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

JAMES OSTROWSKI, BUFFALO, FOR DEFENDANT-APPELLANT.

HOGANWILLIG, PLLC, AMHERST (DIANE R. TIVERON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Niagara County (Mark Montour, J.), dated December 23, 2016. The order, among other things, granted plaintiff's quantum meruit application for counsel fees.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985, 985 [4th Dept 1990]).

Entered: June 8, 2018

Mark W. Bennett

Clerk of the Court