Legal Opinion

In re William Jamal W.

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

Decided November 10, 2011PublishedCited by 2 opinions

1Opinion of the Court

The court acquired jurisdiction over respondent when respondent appeared in court on January 28, 2010, and neither she nor her counsel objected to the manner of the service of the summons, despite the omission of the return date therefrom (see Family Ct Act § 167).

No appeal lies from an order entered on default (see CPLR 5511; Matter of Jessenia Shanelle R. [Wanda Y.A.], 68 AD3d 558 [2009]). However, the denial of respondent’s counsel’s request to adjourn the inquest and dispositional hearing is appealable because that request was “the subject of contest below” (see James v Powell, 19 NY2d…

2Cases cited3 opinions

  1. James v. PowellNew York Court of Appeals · 1967
  2. In re Cain Keel L.Appellate Division of the Supreme Court of the State of New York · 2010
  3. In re Shanelle R.Appellate Division of the Supreme Court of the State of New York · 2009

3Cited by2 opinions

  1. Matter of Andrew J.U.M. (Jelaine E.M.)Appellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Darlene H. v. Abdus R.Appellate Division of the Supreme Court of the State of New York · 2022

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