Legal Opinion

In re Liliana G.

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

Decided January 31, 2012No. Appeal No. 2PublishedCited by 1 opinion

1Opinion of the Court

*1326We conclude at the outset that appeal No. 1 must be dismissed. Family Court Act § 1113 provides in relevant part that such an appeal “must be taken no later than . . . [35] days from the mailing of the order to the appellant by the clerk of the court.” The record establishes that Family Court mailed the order appealed from with notice of entry to the mother and her attorney on the date of entry (cf. Matter of Tynell S., 43 AD3d 1171, 1172 [2007]). The notice of appeal, however, was not filed until more than three months later, and thus it is untimely (see § 1113; Matter of Deandre GG.…

2Cases cited9 opinions

  1. Matter of Marino S.New York Court of Appeals · 2003
  2. Allen v. StroughAppellate Division of the Supreme Court of the State of New York · 2002
  3. In re HarlemAppellate Division of the Supreme Court of the State of New York · 2007
  4. In re Carlos R.Appellate Division of the Supreme Court of the State of New York · 2009
  5. In re A.R.Appellate Division of the Supreme Court of the State of New York · 2003

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3Cited by1 opinion

  1. In re Liliana G.Appellate Division of the Supreme Court of the State of New York · 2012

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