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RUPERT v. RUPERT

97 N.Y.2d 661 (2001)

764 N.E.2d 954

738 N.Y.S.2d 654

DOLORES RUPERT, Respondent, v. PHILIP D. RUPERT, JR., Appellant.

Court of Appeals of the State of New York.

Decided December 13, 2001.

Attorney(s) appearing for the Case

Gates & Adams, P. C., Rochester (Douglas S. Gates of counsel), for appellant.

Joan de R. O'Byrne, Rochester, for respondent.

Before: Chief Judge KAYE and Judges LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur; Judge SMITH dissents and votes to reverse in an opinion; Judge WESLEY taking no part.

OPINION OF THE COURT

MEMORANDUM.

The appeal should be dismissed, without costs.

Defendant husband appeals to this Court from the final judgment of Supreme Court to bring up for review a prior nonfinal Appellate Division order (245 A.D.2d 1139 [1997]), which held an antenuptial agreement and two other documents amending that agreement valid and enforceable as one integrated agreement and remitted the case to Supreme...

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