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Tornheim v. Tornheim

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 2003
303 A.D.2d 400 (N.Y. App. Div. 2003)

Opinion

2002-03834, 2002-03835

Submitted February 18, 2003.

March 3, 2003.

In an action for a divorce and ancillary relief, the plaintiff husband appeals from (1) an order of the Supreme Court, Kings County (Yancey, J.), dated February 26, 2002, which, inter alia, granted the motion of the defendant wife pursuant to Domestic Relations Law § 244 for leave to enter a judgment for certain child support and maintenance arrears, and (2) a judgment of the same court, entered March 8, 2002, which is in favor of the defendant wife and against him in the principal sum of $14,565.50.

Ernest H. Hammer, New York, N.Y., for appellant.

Regosin, Edwards, Stone Feder, New York, N.Y. (Saul E. Feder of counsel), for respondent.

Before: GLORIA GOLDSTEIN, J.P., THOMAS A. ADAMS, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.


DECISION ORDER

Ordered that the appeal from the order is dismissed; and it is further, Ordered that the judgment is affirmed; and it is further, Ordered that one bill of costs is awarded to the defendant wife.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of a judgment in the action (see Matter of Aho, 39 N.Y.2d 241). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a][1]).

The Supreme Court properly granted the defendant's motion for leave to enter a judgment for certain child support and maintenance arrears which were due and owing to her (see Domestic Relations Law § 244; Wolfson v. Public Adm'r of Nassau County, 282 A.D.2d 743, 744; Felton v. Felton, 175 A.D.2d 794, 795).

The plaintiff's remaining contentions are without merit.

GOLDSTEIN, J.P., ADAMS, TOWNES and CRANE, JJ., concur.


Summaries of

Tornheim v. Tornheim

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 2003
303 A.D.2d 400 (N.Y. App. Div. 2003)
Case details for

Tornheim v. Tornheim

Case Details

Full title:URI TORNHEIM, appellant, v. DOREEN TORNHEIM, respondent

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

Date published: Mar 3, 2003

Citations

303 A.D.2d 400 (N.Y. App. Div. 2003)
755 N.Y.S.2d 879