LEONARD v. LEONARD

402 CA 11-01596.

109 A.D.3d 126 (2013)

968 N.Y.S.2d 762

2013 NY Slip Op 4916

KEVIN ANDREW LEONARD, Respondent, v. TERRI LYNN LEONARD, Appellant.

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

Decided June 28, 2013.


Attorney(s) appearing for the Case

Trevett Cristo Salzer & Andolina P.C., Rochester ( Robert J. Lunn of counsel), for appellant.

Maureen A. Pineau , Rochester, for respondent.

Matthew J. Fero , Rochester, Attorney for the Children.

SMITH, J.P., FAHEY, PERADOTTO and WHALEN, JJ., concur.


OPINION OF THE COURT

LINDLEY, J.

In this matrimonial action, defendant wife appeals from an order issued by the Judicial Hearing Officer (JHO) who presided over the parties' nonjury trial. Defendant attributes multiple errors to the JHO, whose order was later subsumed in a judgment of divorce entered in Supreme Court. Although no appeal lies from the order, "we exercise our discretion to treat the notice of appeal as valid and deem the appeal [as] taken...

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