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FALCONE v. FALCONE

23 N.Y.2d 738 (1968)

Bernard Falcone, Respondent, v. Myrtle M. Falcone, Appellant.

Court of Appeals of the State of New York.

Decided November 27, 1968.

Attorney(s) appearing for the Case

George M. Donohue for appellant.

Nunzio Rizzo for respondent.

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)...

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