Adler v. Gordon

Order, Family Court, New York County (Rhoda Cohen, J.), entered on or about October 3, 1996, which, in a proceeding by petitioners for visitation with their grandchild, granted respondents parents’ motion to dismiss the petition for lack of standing, unanimously affirmed, without costs.

Petitioners waived their right to contest late service of the motion to dismiss by opposing it on the merits (Todd v Gull Contr. Co., 22 AD2d 904). In any event, were we to review the issue, we would find that petitioners were not prejudiced as the court’s scheduling of the hearing was the result of their own…