Legal Opinion

Pesce v. Pesce

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

Decided January 22, 1996PublishedCited by 7 opinions

1Opinion of the Court

In a proceeding pursuant to Family Court Act article 8 for a permanent order of protection, the petitioner appeals from an order of the Family Court, Westchester County (Bellantoni, J.), entered July 19, 1994, which, after a fact-finding hearing, dismissed the petition. The petitioner’s notice of appeal from the decision is deemed a premature notice of appeal from the order (see, CPLR 5520 [c]).

Ordered that the order is reversed, on the law and the facts, with costs, the petition is reinstated, and the matter is remitted to the Family Court, Westchester County, for a dispositional hearing and…

2Cases cited3 opinions

  1. Merola v. MerolaAppellate Division of the Supreme Court of the State of New York · 1989
  2. Rogers v. RogersAppellate Division of the Supreme Court of the State of New York · 1990
  3. Holcomb v. HolcombAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by7 opinions

  1. Wissink v. WissinkAppellate Division of the Supreme Court of the State of New York · 2004
  2. Wallace v. WallaceAppellate Division of the Supreme Court of the State of New York · 2007
  3. Clarke v. ClarkeAppellate Division of the Supreme Court of the State of New York · 2004
  4. Bhanote v. BhanoteAppellate Division of the Supreme Court of the State of New York · 2005
  5. Dienes v. DienesAppellate Division of the Supreme Court of the State of New York · 1997

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