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Gkanios v. Gkanios

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1996
233 A.D.2d 367 (N.Y. App. Div. 1996)

Opinion

November 12, 1996.

In an action for a divorce and ancillary relief, the plaintiff appeals from (1) an order of the Supreme Court, Putnam County (Beisner, J.), dated June 23, 1995, which denied her motion to vacate a judgment by confession in an action entitled Dwyer v Gkanios (Index No. 13979/92) and filed in Supreme Court, West-chester County, and (2) an order of the same court, dated September 11, 1995, which denied her motion for reargument.

Before: O'Brien, J.P., Ritter, Sullivan and Luciano, JJ.


Ordered that the appeal from the order dated September 11, 1995 is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated June 23, 1995, is affirmed, without costs or disbursements.

The plaintiff wife moved in this matrimonial action in the Supreme Court, Putnam County, to vacate a judgment by confession entered in the Supreme Court, Westchester County ( Dwyer v Gkanios, Index No. 13979/92), the affidavit in support of which was executed by the defendant husband in favor of the attorney who represented him in the instant matrimonial action and in various other unrelated actions. Vacatur of a judgment by confession must be sought in the court in which the judgment was entered ( see, e.g., Jones v Buttarazzi Assocs., 204 AD2d 1018; see also, Terezakis v Goldstein, 168 Misc 2d 298). The Supreme Court, Putnam County, therefore properly denied the plaintiffs motion.


Summaries of

Gkanios v. Gkanios

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1996
233 A.D.2d 367 (N.Y. App. Div. 1996)
Case details for

Gkanios v. Gkanios

Case Details

Full title:MARIA GKANIOS, Appellant, v. FOTIOS GKANIOS, Also Known as FRANK GKANIOS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 12, 1996

Citations

233 A.D.2d 367 (N.Y. App. Div. 1996)
650 N.Y.S.2d 584

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