Summary
This New York Appellate Division, Second Department decision addresses an appeal by Shimon L. Indictor from certain portions of a lower court's decision and order in a consolidated divorce and ancillary relief action. The court dismisses the appeal without costs, holding that the appealed portions do not constitute appealable decisions or orders under applicable civil practice rules. The court declines leave to appeal where the challenged rulings did not decide a motion made on notice.
Topics
Practice areas
Questions Presented
- Whether an appeal lies from a decision of the trial court
- Whether an order that does not decide a motion made on notice is appealable
- Whether leave to appeal should be granted
Holdings
- No appeal lies from a decision of the trial court
- The portion of the order does not decide a motion made on notice and leave to appeal is denied
Key quotations
“ORDERED that the appeal is dismissed, without costs or disbursements.” (at 1)
Factual background
The parties were married and filed a consolidated action for divorce and ancillary relief. The appellant, Shimon L. Indictor, appeared pro se. The trial court issued a decision and order on March 28, 2022.
Procedural history
Consolidated action for divorce and ancillary relief; appeal from portions of a decision and order dated March 28, 2022.