Legal Opinion

Cheryl A. B. v. Anthony D.

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

Decided October 1, 1993No. Appeal No. 1PublishedCited by 7 opinions

1Opinion of the Court

—Appeal unanimously dismissed without costs. Memorandum: *852When support is sought in the paternity petition, as in the present proceeding, but the filiation order makes no provision for support, the order is not appealable as of right (see, Family Ct Act § 1112 [a]; Matter of Jane PP. v Paul QQ., 64 NY2d 15, 17; Matter of Plantz v Rounds, 115 AD2d 951). Similarly, the order denying a motion to reopen the paternity proceeding bashed upon newly-discovered evidence (see, CPLR 5015 [a] [2]) is not an order of disposition appealable as of right (see, Family Ct Act § 1112 [a]; Matter of Brenner v…

2Cases cited5 opinions

  1. Jane PP. v. Paul QQ.New York Court of Appeals · 1984
  2. In re Lance S.Appellate Division of the Supreme Court of the State of New York · 1976
  3. Brenner v. BrennerAppellate Division of the Supreme Court of the State of New York · 1977
  4. Costa v. CostaAppellate Division of the Supreme Court of the State of New York · 1970
  5. Plantz v. RoundsAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by7 opinions

  1. Cheryl A. B. v. Anthony D.Appellate Division of the Supreme Court of the State of New York · 1993
  2. Cheryl H. v. Thomas G. L.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Daniels v. CollinsAppellate Division of the Supreme Court of the State of New York · 1994
  4. Frances L. Z. v. Joseph L.Appellate Division of the Supreme Court of the State of New York · 1994
  5. In re Benjamin L.Appellate Division of the Supreme Court of the State of New York · 2001

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