Legal Opinion

Atkin v. Atkin

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

Decided October 28, 2008PublishedCited by 14 opinions

1Opinion of the Court

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (O’Shea, J.), dated October 1, 2007, which denied her motion to vacate an order of the same court dated September 17, 2007, which, upon her default in appearing at a hearing, granted the father’s petition to modify the parties’ judgment of divorce to award him sole custody of the parties’ child.

Ordered that the order is affirmed, without costs or disbursements.

The determination of whether to relieve a party of an order entered upon his or her default is…

2Cases cited3 opinions

  1. In re Vanessa F.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Coates v. LeeAppellate Division of the Supreme Court of the State of New York · 2006
  3. In re Shirley C.Appellate Division of the Supreme Court of the State of New York · 1988

3Cited by14 opinions

  1. Katz v. BeilAppellate Division of the Supreme Court of the State of New York · 2016
  2. HSBC Bank USA National Ass'n v. Nuteh 72 Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  3. STRUMPF, MEGAN M. v. AVERY, JR., STEVEN A.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Mongitore v. LinzAppellate Division of the Supreme Court of the State of New York · 2012
  5. In re Samantha B.Appellate Division of the Supreme Court of the State of New York · 2010

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