From Casetext: Smarter Legal Research

Perrelli v. Perrelli

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 2001
284 A.D.2d 517 (N.Y. App. Div. 2001)

Opinion

Submitted May 30, 2001.

June 25, 2001.

In an action for a divorce and ancillary relief, the defendant appeals from stated portions of an order of the Supreme Court, Putnam County (Sweeny, J.), dated December 8, 2000, which, inter alia, denied his cross motion to vacate a judgment of divorce of the same court (Sklaver, J.H.O.), dated March 7, 2000.

Harvey G. Landau, White Plains, N.Y., for appellant.

Anthony G. Maccarini, Carmel, N.Y., for respondent.

Before: DAVID S. RITTER, J.P., LEO F. McGINITY, NANCY E. SMITH, BARRY A. COZIER, JJ.


ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the Judicial Hearing Officer had authority to enter the judgment of divorce, since an order of reference designating him to hear and determine all issues was made upon consent of the parties (see, CPLR 4317[a]; cf., McCormack v. McCormack, 174 A.D.2d 612).

The defendant's remaining contention is unpreserved for appellate review.

RITTER, J.P., McGINITY, SMITH and COZIER, JJ., concur.


Summaries of

Perrelli v. Perrelli

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 2001
284 A.D.2d 517 (N.Y. App. Div. 2001)
Case details for

Perrelli v. Perrelli

Case Details

Full title:MARGARET M. PERRELLI, respondent, v. ROBERT A. PERRELLI, appellant

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

Date published: Jun 25, 2001

Citations

284 A.D.2d 517 (N.Y. App. Div. 2001)
727 N.Y.S.2d 622

Citing Cases

Tornheim v. Tornheim

The plaintiff husband made a motion, inter alia, denominated as one pursuant to CPLR 4403 to reject the…

Mendenhall v. Mendenhall

Contrary to the defendant's contention, the Judicial Hearing Officer had the authority to issue the judgment…