Ross v. Ross
This text of 434 N.E.2d 717 (Ross v. Ross) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]): Plaintiff’s cross appeal dismissed, without costs, upon the ground that the cross appeal pursuant to CPLR 5601 (subd [d]) does not lie because the cross appellant is not a party aggrieved by the prior nonfinal order of the Appellate Division (CPLR 5511). Defendants’ appeal pursuant to CPLR 5601 (subd [a], par [ii]) dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution and a separate appeal does not lie (see Matter of Aho [Rhodes], 39 NY2d 241, 248). On defendants’ appeal, pursuant to CPLR 5601 (subd [d]), from the judgment of separation entered in Supreme Court, Queens County, judgment affirmed for the reasons stated in the memorandum at the Appellate Division.
[1002]*1002Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
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Cite This Page — Counsel Stack
434 N.E.2d 717, 55 N.Y.2d 999, 449 N.Y.S.2d 481, 1982 N.Y. LEXIS 3173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-ross-ny-1982.