Schussler v. Schussler

Full title: EILEEN SCHUSSLER, Respondent, v. GEORGE SCHUSSLER, Appellant

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

Date published: Jun 28, 1993

194 A.D.2d 781 (N.Y. App. Div. 1993)

599 N.Y.S.2d 1015

Opinion

June 28, 1993

Appeal from the Supreme Court, Nassau County (McCabe, J.).

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the appeal from the order entered May 14, 1991, is dismissed as academic insofar as it involves the issue of custody; and it is further,

Ordered that the order entered May 14, 1991, is otherwise affirmed; and it is further,

Ordered that the order entered March 27, 1991, is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

The question of the Supreme Court's custody determination with respect to the parties' daughter Miriam is academic, as she has reached the age of majority (see, Kahn v. Kahn, 271 App. Div. 788).

We have reviewed the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Balletta, Lawrence and Copertino, JJ., concur.