Legal Opinion

Lapkin v. Lapkin

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

Decided February 6, 1996PublishedCited by 3 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (David Saxe, J.), entered August 2, 1995, finding that defendant husband failed to purge himself of a previously adjudicated contempt and directing his incarceration, unanimously affirmed, without costs.

*200One who refuses to attend a hearing cannot claim that his absence was a denial of due process (Burke v Commissioner of Parole, 52 AD2d 589). Defendant’s counsel appeared and contested plaintiffs motion for a commitment order on the merits without objecting to any alleged defects in the notice and warning required by Judiciary Law § 756. Thus, defendant…

2Cases cited4 opinions

  1. In re the Estate of RappaportNew York Court of Appeals · 1982
  2. Keator v. KeatorAppellate Division of the Supreme Court of the State of New York · 1995
  3. Franklin v. LeffAppellate Division of the Supreme Court of the State of New York · 1993
  4. Burke v. Commissioner of ParoleAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by3 opinions

  1. Green v. GreenAppellate Division of the Supreme Court of the State of New York · 2001
  2. Lowinger v. LowingerAppellate Division of the Supreme Court of the State of New York · 1996
  3. Administration for Children's Services v. Debra W.Appellate Division of the Supreme Court of the State of New York · 2012

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