Elsayed v. Edrees
| Decision Date | 06 July 2016 |
| Citation | 141 A.D.3d 503,2016 N.Y. Slip Op. 05356,35 N.Y.S.3d 411 |
| Parties | Afaf ELSAYED, respondent, v. Ahmed EDREES, appellant. |
| Court | New York Supreme Court — Appellate Division |
141 A.D.3d 503
35 N.Y.S.3d 411
2016 N.Y. Slip Op. 05356
Afaf ELSAYED, respondent,
v.
Ahmed EDREES, appellant.
Supreme Court, Appellate Division, Second Department, New York.
July 6, 2016.
Mark Diamond, New York, N.Y., for appellant.
Amanda Norejko, New York, N.Y., for respondent.
Deana Balahtsis, New York, N.Y., attorney for the children.
L. PRISCILLA HALL, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, and FRANCESCA E. CONNOLLY, JJ.
Appeals from (1) an order of the Supreme Court, Kings County (Esther M. Morgenstern, J.), dated November 14, 2013, and (2) a judgment of that court dated January 6, 2014. The order, inter alia, determined the defendant's motion for certain relief. The judgment, insofar as appealed from, (a) upon an order of that court dated September 14, 2011, granting the plaintiff's motion for summary judgment on the cause of action for a divorce, awarded the plaintiff a divorce on the ground of cruel and inhuman treatment, (b) upon an order of that court dated June 26, 2012, entered on the defendant's consent, awarded custody of the parties' minor children to the plaintiff, and (c), after a nonjury trial, awarded the plaintiff child support and made an equitable distribution of the parties' marital assets.
ORDERED that the appeal from the order dated November 14, 2013, is dismissed, without costs or disbursements; and it is further,
ORDERED that the appeal from so much of the judgment as, upon the order dated June 26, 2012, entered on the defendant's consent, awarded custody of the parties' minor children to the plaintiff, is dismissed, without costs or disbursements; and it is further,
ORDERED that the judgment is affirmed insofar as reviewed, without costs or disbursements.
The parties were married in 1991, and thereafter had four children, who were born between 1992 and 2004. In 2009, the plaintiff commenced this action for a divorce and ancillary relief. Following the commencement of the action, the plaintiff moved for summary judgment on the cause of action for a divorce on the ground of cruel and inhuman treatment. The
Supreme Court granted the plaintiff's motion in an order dated September 14, 2011. Thereafter, in an order dated June 26, 2012, the court, on the consent of the defendant, awarded custody of the parties' minor children to the plaintiff. In an order dated November 14, 2013, the court determined the defendant's motion for certain relief. Additionally, following a nonjury trial, and upon the orders dated September 14, 2011, and June 26, 2012, the court entered a judgment dated January 6, 2014, inter alia, awarding the plaintiff certain child support and declining to award the defendant a distributive share of the value of the plaintiff's nursing license. The defendant appeals from the order dated November 14, 2013, and the judgment dated January 6, 2014.
The appeal from the order dated November 14, 2013, must be dismissed because the...
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