Matter of Wostl v. Wostl

Full title: In the Matter of HERMANN P. WOSTL, Appellant, v. FRANCES V. WOSTL…

Court: Court of Appeals of the State of New York

Date published: Dec 18, 1980

52 N.Y.2d 787 (N.Y. 1980)

439 N.Y.S.2d 918

422 N.E.2d 578

Opinion

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 N.Y.2d 582). Cross motion to extend the time in which to perfect the appeal dismissed as academic.