Wostl v. Wostl — 52 N.Y.2d 787

Majority

p. 787

In the Matter of Hermann P. Wostl, Appellant, v Frances V. Wostl, Respondent.

Submitted November 10, 1980;

decided December 18, 1980

Motion to dismiss the appeal granted and the appeal dismissed, with costs and $20 costs of motion, upon the ground that the modification at the Appellate Division is not in a “respect, which is within the power of the court of appeals to review” (CPLR 5601, subd [a], par [iii]; Patron v Patron, 40 NY2d 582 ). Cross motion to extend the time in which to perfect the appeal dismissed as academic.

Cases cited

Patron v. Patron 40 NY2d 582 N.Y. 1976-10-26 p. 787