Legal Opinion
In re James J.
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1994PublishedCited by 2 opinions
1Opinion of the Court
—Order unanimously affirmed with*961out costs. Memorandum: Initially, we note that respondent’s notice of appeal is premature because it was filed before the entry of the order from which the appeal is taken (see, Spano v County of Onondaga, 170 AD2d 974, lv denied 77 NY2d 809, lv dismissed 77 NY2d 989; Matter of Wayne M. v Francis N., 154 AD2d 837, 839). Nevertheless, in the exercise of our discretion and in the interest of judicial economy, we address the merits of the appeal (see, CPLR 5520 [c]; Spano v County of Onondaga, supra).
Family Court properly concluded that petitioner met its burden…
2Cases cited6 opinions
- People v. Westchester County S.P.C.C.New York Court of Appeals · 1992
- Wayne M. v. Francis N.Appellate Division of the Supreme Court of the State of New York · 1989
- In re Bryant S.Appellate Division of the Supreme Court of the State of New York · 1992
- Spano v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1991
- In re Joseph R.Appellate Division of the Supreme Court of the State of New York · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Danial R.B. v. Ledyard M.Appellate Division of the Supreme Court of the State of New York · 2006
- In re Casey J.Appellate Division of the Supreme Court of the State of New York · 1998