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EHRMAN v. EHRMAN

2008-06029.

67 A.D.3d 955 (2009)

889 N.Y.S.2d 652

2009 NY Slip Op 08778

DEBBI EHRMAN, Appellant, v. ROBERT EHRMAN, Respondent.

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

Decided November 24, 2009.

Ordered that the order is affirmed, with costs.

Under the circumstances herein, the husband's motion, improperly denominated a motion for leave to reargue, was, in effect, a motion to set aside, in part, the Supreme Court's trial decision pursuant to CPLR 4404 (b) (see Tarone v Tarone, 59 A.D.3d 434 [2009]). The Supreme Court did not improvidently exercise its discretion in effectively extending the time for that motion,...

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