Legal Opinion
Miguel R. v. Wilda C.
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 2010PublishedCited by 6 opinions
1Opinion of the Court
Appeal from order, Family Court, New York County (Jody Adams, J), entered on or about March 23, 2009, which awarded petitioner father custody of the parties’ child, unanimously dismissed, without costs.
As the order was entered on respondent mother’s default, it is not appealable (CPLR 5511; Matter of Anita L. v Damon N., 54 AD3d 630 [2008]; Matter of Jessica Lee D., 44 AD3d 327 [2007]).
Were we to consider the appeal, we would affirm the order. The record of the neglect proceeding against the mother demonstrates that it was in the child’s best interest for petitioner to have custody of her…
2Cases cited3 opinions
- Eschbach v. EschbachNew York Court of Appeals · 1982
- Anita L. v. Damon N.Appellate Division of the Supreme Court of the State of New York · 2008
- In re David T.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by6 opinions
- In re Jose S.Appellate Division of the Supreme Court of the State of New York · 2010
- Pedro A. v. Susan M.Appellate Division of the Supreme Court of the State of New York · 2012
- In re Patricia M.Appellate Division of the Supreme Court of the State of New York · 2012
- In re Patricia M.Appellate Division of the Supreme Court of the State of New York · 2012
- Wilda C. v. Miguel R.Appellate Division of the Supreme Court of the State of New York · 2012
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