Majority
p. 1148In the Matter of Terry Curtis, Appellant, v Penelope Curtis, Respondent. [666 NYS2d 864]
—Motion for permission to proceed as poor person and for assignment of counsel denied and appeal dismissed without costs. Memorandum: The notice of appeal limits the scope of the appeal to the purge provision (see, CPLR 5515 [1]; Sommers v Sommers, 203 AD2d 975 , 977; Royal v Brooklyn Union Gas Co., 122 AD2d 132 , 133), which has expired; thus, appellant is no longer aggrieved by that provision and is not entitled to appeal (see, CPLR 5511; Family Ct Act § 1118). Present—Pine, J. P., Lawton, Callahan, Doerr and Balio, JJ.
Cases cited
- Sommers v. Sommers 203 AD2d 975 at 977 p. 1148
- Royal v. Brooklyn Union Gas Co. 122 AD2d 132 at 133 p. 1148