Legal Opinion

Smith v. Howard

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 2014PublishedCited by 10 opinions

1Opinion of the Court

Since the order appealed from was made upon the appellant’s default, review is limited to matters which were the subject of contest before the Family Court (see James v Powell, 19 NY2d 249, 256 n 3 [1967]; Matter of Angie N.W. [Melvin A.W.], 107 AD3d 907 [2013]; Matter of Brittany C. [Linda C.], 67 AD3d 788 [2009]; Tun v Aw, 10 AD3d 651, 651-652 [2004]), which, in this case, was the denial of the mother’s motion pursuant to CPLR 3211 (a) (7) to dismiss the petition for failure to state a cause of action (see Delijani v Delijani, 100 AD3d 823 [2012]; Matter of Duane S., Jr. [Duane S.], 88 AD3d…

2Cases cited10 opinions

  1. James v. PowellNew York Court of Appeals · 1967
  2. Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2009
  3. Tun v. AwAppellate Division of the Supreme Court of the State of New York · 2004
  4. Pamela N. v. Neil N.Appellate Division of the Supreme Court of the State of New York · 2012
  5. In re Brittany C.Appellate Division of the Supreme Court of the State of New York · 2009

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3Cited by10 opinions

  1. Matter of Graham v. RawleyAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Brown-Winfield v. BaileyAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Marchella P. (Loretta B.-B.)Appellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Xin Li v. RamosAppellate Division of the Supreme Court of the State of New York · 2015
  5. Matter of Bartosz B. (Andrzej B.)Appellate Division of the Supreme Court of the State of New York · 2020

5 more not listed; retrieve them via the Exa API.

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