Legal Opinion

In re Cote

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

Decided February 27, 1987Published

1Opinion of the Court

Motion to dismiss appeal granted. Cross motion for permission to appeal denied. Memorandum: There is no appeal as of right from a Family Court order denying a motion to vacate or set aside a prior order that disposed of the proceeding (Matter of Brenner v Brenner, 57 AD2d 813, lv dismissed 48 NY2d 713, lv dismissed 51 NY2d 766; Matter of Costa v Costa, 34 AD2d 646; Evans v Delguidice, 23 AD2d 791). Such an order is not an "order of disposition” within the meaning of Family Court Act § 1112. Present —Dillon, P. J., Green, Pine, Balio and Davis, JJ.

2Cases cited3 opinions

  1. Brenner v. BrennerAppellate Division of the Supreme Court of the State of New York · 1977
  2. Costa v. CostaAppellate Division of the Supreme Court of the State of New York · 1970
  3. Evans v. DelguidiceAppellate Division of the Supreme Court of the State of New York · 1965