Kuhn v. Kuhn
| Decision Date | 03 April 1987 |
| Citation | 514 N.Y.S.2d 284,129 A.D.2d 967 |
| Parties | Delores E. KUHN, Respondent, v. Donald H. KUHN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Silverberg, Yood, Sellers & Ramm, by Jeffrey Sellers, Buffalo, for appellant
Catherine M. Venzon by Catherine Venzon, Buffalo, for respondent.
Before DILLON, P.J., and GREEN, PINE, BALIO, and DAVIS, JJ.
After entry of a final judgment of divorce and the filing of a notice of appeal therefrom, Supreme Court made a determination modifying that judgment and setting forth more detailed findings and reasons pertaining to the distribution of marital assets. In their briefs, both parties indicate that this appeal is from the final judgment as modified by the subsequent decision, and the oral argument has been presented upon that assumption as well.
No appeal lies from a mere decision (Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 472 N.Y.S.2d 718; Conforti & Eisele, Inc. v. William J. Scully, Inc., 98 A.D.2d 646, 469 N.Y.S.2d 400, lv. denied 61 N.Y.2d 606, 474 N.Y.S.2d 1025, 462 N.E.2d 1203). Since no amended or modified judgment has been signed or entered pursuant to the subsequent decision, the appeal has not been presented to us in a proper manner and must be dismissed (see CPLR 5501[c], 5512[a] ).
Appeal unanimously dismissed without costs.
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