Legal Opinion
Layne v. Wyllie
Appellate Division of the Supreme Court of the State of New York
Decided November 6, 2000PublishedCited by 5 opinions
1Opinion of the Court
—In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Rings County (Turbow, J.), dated March 4, 1999, which, upon his default in appearing, awarded custody to the mother.
Ordered that the appeal is dismissed, with costs.
No appeal lies from an order made upon the default of the appealing party (see, CPLR 5511; Matter of Geraldine Rose W., 196 AD2d 313; Matter of Zagary George Bayne G., 185 AD2d 320; Matter of Mitchell v Morris, 177 AD2d 579). The proper procedure is for that party to move to vacate his or her default and, if…
2Cases cited3 opinions
- In re Rose W.Appellate Division of the Supreme Court of the State of New York · 1994
- In re Zagary George Bayne G.Appellate Division of the Supreme Court of the State of New York · 1992
- Mitchell v. MorrisAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by5 opinions
- Kastberg v. JLM Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Davy v. DavyAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Menghi v. Trotta-MenghiAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Saporito v. WardAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Ward v. SaporitoAppellate Division of the Supreme Court of the State of New York · 2018