Karen L. Van Nostrand v Rosario Froehlich

Motion No: 489 SSD 23

Slip Opinion No: 2008 NYSlipOp 70280

Decided on April 29, 2008

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law & sect; 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

Karen L. Van Nostrand, Respondent, v. Rosario Froehlich et al., Appellants.

Appeal dismissed without costs, by the Court sua sponte, upon the ground that the Appellate Division order appealed from, which reversed a Supreme Court order granting a motion to amend a prior final judgment and denied the motion, does not finally determine the action within the meaning of the Constitution. The effect of the Appellate Division's reversal of Supreme Court's grant of the motion to amend the judgment is to place the parties back precisely where they were under the final determination.