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Smart Summary

Factual and Procedural Background

This opinion is an appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Vincent Gurahian, J. It was decided on review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.C.R.R. 500.4). The Court of Appeals affirmed the order, with costs, for the reasons stated in the memorandum of the Appellate Division (98 A.D.2d 815). Counsel of record: Michael N. Dorfman for appellants; Thomas E. Paterson for respondent. The opinion records concurrence by Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
98 A.D.2d 815 Reasons stated in the memorandum of the Appellate Division The Court affirmed the order, with costs, for the reasons set forth in that memorandum.

Court's Reasoning and Analysis

The Court reviewed the submissions under 22 N.Y.C.R.R. 500.4 and concluded that the Appellate Division's memorandum (98 A.D.2d 815) provided the appropriate basis for decision. Accordingly, the Court affirmed the underlying order and awarded costs, adopting the rationale set forth in the Appellate Division's memorandum. No further analysis is provided in this short opinion.

Holding and Implications

Order affirmed, with costs.

Direct effect: The Appellate Division's decision is affirmed and costs are awarded to the prevailing party. The opinion does not discuss broader legal implications or establish a new precedent beyond affirming for the reasons stated in the Appellate Division memorandum.

GERALDINE ZIKELY, an Infant, et al., Appellants, v. MAGDALENA ZIKELY, Respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 98 A.D.2d 815).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.

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ZIKELY v. ZIKELY
(Jun 12, 1984)