O'TOOLE v. O'TOOLE


80 A.D.2d 964 (1981)

Elizabeth S. O'Toole, Respondent, v. Robert V. O'Toole, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 19, 1981


The order entered February 28, 1980 was granted upon the default of appellant and is therefore not appealable (CPLR 5511).

The order entered March 12, 1980, which denied appellant's motion for reargument, is likewise not appealable. The appeals from the intermediate orders entered January 8, 1979, January 18, 1980 and February 5, 1980 must be dismissed since these appeals do not survive entry of the final judgment (see, e.g., Chase Manhattan Bank, N. A. v Roberts...

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