Legal Opinion
Smith v. Richards
Appellate Division of the Supreme Court of the State of New York
Decided August 13, 2001PublishedCited by 6 opinions
1Opinion of the Court
—In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Se-gal, J.), dated July 14, 1999, which, upon her default in appearing at a hearing, awarded custody of the parties’ daughter to the father.
Ordered that the appeal is dismissed, without costs or disbursements.
No appeal lies from an order made upon the default of the appealing party (see, CPLR 5511; Matter of Geraldine Rose W., 196 AD2d 313; Matter of Zagary George Bayne G., 185 AD2d 320; Matter of Mitchell v Morris, 177 AD2d 579). The proper procedure is…
2Cases cited4 opinions
- In re Rose W.Appellate Division of the Supreme Court of the State of New York · 1994
- In re Zagary George Bayne G.Appellate Division of the Supreme Court of the State of New York · 1992
- Garcia v. CarballoAppellate Division of the Supreme Court of the State of New York · 2000
- Mitchell v. MorrisAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by6 opinions
- Kondratyeva v. YapiAppellate Division of the Supreme Court of the State of New York · 2004
- In re Sabrina Marie W.Appellate Division of the Supreme Court of the State of New York · 2003
- Cummings v. WrightAppellate Division of the Supreme Court of the State of New York · 2003
- Matter of Saporito v. WardAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Ward v. SaporitoAppellate Division of the Supreme Court of the State of New York · 2018
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