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SHERMAN v. SHERMAN

28 A.D.3d 738 (2006)

814 N.Y.S.2d 244

MARK SHERMAN, Respondent, v. HELENE SPIELMAN SHERMAN, Appellant.

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

April 25, 2006.

Ordered that on the Court's own motion, the notice of appeal so much of the order as denied the defendant's application for an attorney's fee is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [a] [2]; [c]; Sholes v Meagher, 100 N.Y.2d 333 [2003]); and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one...

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