Ventimiglia v. Ventimiglia

Appellate Division of the Supreme Court of New York

Ventimiglia v. Ventimiglia

307 A.D.2d 993, 763 N.Y.S.2d 487

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

DecidedAugust 18, 2003

StatusPublished

This text of 307 A.D.2d 993 (Ventimiglia v. Ventimiglia) 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

Ventimiglia v. Ventimiglia, 307 A.D.2d 993, 763 N.Y.S.2d 487 (N.Y. Ct. App. 2003).

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Opinion

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief and by letter dated June 2, 2003, from so much of an order of the Supreme Court, Nassau County (Berkowitz, J.), dated March 21, 2002, as granted the plaintiffs motion to increase monthly maintenance by the nontaxable sum of $6,500.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of an amended judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal and cross appeal from the amended judgment (see CPLR 5501 [a] [1]; Ventimiglia v Ventimiglia, 307 AD2d 993 [2003] [decided herewith]). Santucci, J.P., McGinity, Townes and Mastro, JJ., concur.

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In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief and by letter dated June 2, 2003, from so much of an order of the Supreme Court, Nassau County (Berkowitz, J.), dated March 21, 2002, as granted the plaintiffs motion to increase monthly maintenance by the nontaxable sum of $6,500.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of an amended judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal and cross appeal from the amended judgment (see CPLR 5501 [a] [1]; Ventimiglia v Ventimiglia, 307 AD2d 993 [2003] [decided herewith]). Santucci, J.P., McGinity, Townes and Mastro, JJ., concur.

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Bluebook (online)

307 A.D.2d 993, 763 N.Y.S.2d 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ventimiglia-v-ventimiglia-nyappdiv-2003.

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