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Ross v. Ross

55 N.Y.2d 999 Court N.Y. Decision date 1982-02-23 English

Contents

Majority

p. 999
Tamar Ross, Respondent-Appellant, v Howard Ross et al., Appellants-Respondents.
Decided February 23, 1982
p. 1001
APPEARANCES OF COUNSEL
Joel Sankel and Claudio B. Bergamasco for appellants-respondents.
Alexander Potruch, Kenneth Koopersmith and Michael K. Feigenbaum for respondent-appellant.

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.

p. 1002
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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