Michael Marshall, respondent, v Ruth Marshall, appellant. v. << (2012)

Supreme Court, Appellate Division, Second Department, New York.

Michael Marshall, respondent, v Ruth Marshall, appellant.

2009–00410 (Index No. 23289 /05)

Decided: January 10, 2012

DANIEL D. ANGIOLILLO, J.P. PLUMMER E. LOTT LEONARD B. AUSTIN JEFFREY A. COHEN, JJ.

Ruth Marshall, Brooklyn, N.Y., appellant pro se. Naimark & Tannenbaum, Jamaica, N.Y. (Eliot Tannenbaum of counsel), for respondent.

Submitted—December 12, 2011

DECISION & ORDER

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Kings County (Harkavy, J.H.O.), dated August 20, 2008, which determined that a certain bank account held by the plaintiff in trust for his mother was not a marital asset.

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

The defendant's appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment on October 1, 2008 (see Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from that judgment (see CPLR 5501[a][1]; Marshall v. Marshall, AD3d, Appellate Division Docket No. 2009–01556, decided herewith).

ANGIOLILLO, J.P., LOTT, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law