Legal Opinion
Menditto v. Collier
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2012PublishedCited by 6 opinions
1Opinion of the CourtMalone Jr., J.
At the first appearance on the violation petition, Family Court adjourned to permit the father to secure counsel. When neither *1410the father, nor counsel on his behalf, appeared at the appointed time on the next appearance date, the court granted the mother’s oral application for a default judgment. Later that same day, the father appeared at Family Court and wrote a letter to the court — which was treated as a motion to vacate the default — alleging that he had failed to appear earlier due to car trouble.
Before the motion to vacate came on to be heard, Family Court issued a written order on the…
2Cases cited5 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Donahue v. BuischAppellate Division of the Supreme Court of the State of New York · 1999
- Waite v. WhalenAppellate Division of the Supreme Court of the State of New York · 1995
- Womack v. RosarioAppellate Division of the Supreme Court of the State of New York · 2008
- Buel v. BuelAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by6 opinions
- Brown v. EleyAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Hannah MM. v. Elizabeth NN.Appellate Division of the Supreme Court of the State of New York · 2017
- Brown v. EleyAppellate Division of the Supreme Court of the State of New York · 2013
- Doane v. Kiwanis Club of Rotterdam, New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Doane v. Kiwanis Club of Rotterdam, New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
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