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BERNARD FALCONE v. MYRTLE M. FALCONE (11/27/68)

COURT OF APPEALS OF NEW YORK


decided: November 27, 1968.

BERNARD FALCONE, RESPONDENT,
v.
MYRTLE M. FALCONE, APPELLANT

Reported below, 29 A.D.2d 829.

Appeal dismissed, without costs and without prejudice to a motion for leave to appeal (CPLR 5514, subd. [a]), upon the ground that no appeal lies as of right to the Court of Appeals from a unanimous affirmance by the Appellate Division. The additional finding made by the Appellate Division is merely an added ground for its decision and does not constitute a modification of the trial court's determination (Cohen and Karger, Powers of the New York Court of Appeals, p. 223). Emerson Garden Elec. Co. v. Seaboard Sur. Co. (15 N.Y.2d 1030), relied upon by appellant, involved a determination which constituted a modification by directing further action by the attorneys for the parties.

19681127

© 1998 VersusLaw Inc.



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