Legal Opinion

Matter of Charlotte E. v. Alan P.

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

Decided December 6, 2016No. 2408Published

1Opinion of the Court

Order, Family Court, New York County (Jane Pearl, J.), entered on or about July 14, 2016, which denied petitioner’s objections to the Support Magistrate’s order on motion, dated June 3, 2016, denying her motion to vacate a prior order of the Support Magistrate dismissing the petition, without prejudice, for failure to appear, unanimously reversed, on the facts, without costs, the motion to vacate granted, and the matter remanded for prompt resolution.

Petitioner demonstrated a reasonable excuse and a meritorious cause of action warranting vacatur of the dismissal of the petition due to…

2Cases cited4 opinions

  1. In re Sanjivini K.New York Court of Appeals · 1976
  2. Dellagatta v. McGillicuddyAppellate Division of the Supreme Court of the State of New York · 2006
  3. Patricia J. v. Lionel S.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Matter of Commissioner of Social Servs. of the City of N.Y. v. Juan H. M.Appellate Division of the Supreme Court of the State of New York · 2015

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