Legal Opinion · Dissent

Beauregard v. Millwood-Beauregard

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

Decided August 25, 1994Published

1Dissent

Peters, J. (dissenting).

I respectfully dissent. With scores of litigants desperate for trial time in the Family Courts of our State, assertive calendar control by the trial bench is precisely the type of corrective action needed. When a trial date is imminent and oral reminders regarding outstanding discovery requests are provided to counsel, a dismissal of the action based upon a finding by Family Court of a willful failure to respond to interrogatories and demands to produce should be upheld.

Here, custody/visitation petitions were filed in September and October 1992. A conference before…

2Cases cited12 opinions

  1. Fiore v. GalangNew York Court of Appeals · 1985
  2. Eaton v. Equitable Life Assurance Society of United States, Inc.New York Court of Appeals · 1982
  3. Zletz v. WetansonNew York Court of Appeals · 1986
  4. FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
  5. Forman v. Jamesway Corp.Appellate Division of the Supreme Court of the State of New York · 1991

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