MATTER OF SCALA v. WILKENS

2009-04324

69 A.D.3d 948 (2010)

893 N.Y.S.2d 269

2010 NY Slip Op 693

In the Matter of JEAN FLYNN SCALA, Respondent, v. KENNETH J. WILKENS, Appellant.

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

Decided January 26, 2010.


Ordered that the judgment is affirmed, with costs.

The mother correctly asserts that a previous appeal by the father from the underlying order was dismissed by this Court for lack of prosecution. Ordinarily, the dismissal of that appeal would be ground for the dismissal of the instant appeal from the money judgment entered upon that order, since the dismissal constituted an adjudication of the merits of any issue which properly could have been raised on that prior...

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