Legal Opinion
In re Aquilla J.
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2011Published
1Opinion of the Court
The petitioner’s motion to “amend” a fact-finding order dated June 23, 2009, to provide that the father had abused the subject *1003child, based upon the findings of fact contained in that order that the father committed certain acts pursuant to Family Court Act § 1012 (e) (iii), was, in actuality, a motion for resettlement pursuant to CPLR 5019 (a) (see Halloran v Virginia Chems., 41 NY2d 386, 394 [1977]; Hernandez v Willoughby Walk Apts. Corp., 71 AD3d 731, 732 [2010]), and not a motion for reargument pursuant to CPLR 2221. The findings of fact contained in the fact-finding order dated June 23,…
2Cases cited4 opinions
- Halloran v. Virginia Chemicals Inc.New York Court of Appeals · 1977
- Kiker v. Nassau CountyNew York Court of Appeals · 1995
- Rodriguez v. Long Island College HospitalAppellate Division of the Supreme Court of the State of New York · 2001
- Hernandez v. Willoughby Walk Apartments Corp.Appellate Division of the Supreme Court of the State of New York · 2010