Legal Opinion

Davy v. Davy

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

Decided July 6, 2010PublishedCited by 3 opinions

1Opinion of the Court

In a proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Nassau County (Doyle, Court Attorney Ref.), dated June 12, 2009, which, upon her default in appearing at a hearing, granted the father’s petition to enforce the visitation provisions of the parties’ judgment of divorce entered February 1, 2008.

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 Bouie v Arvelo-Smith, 17 AD3d 461 [2005]; Matter of Heitler v Glucksman, 309…

2Cases cited4 opinions

  1. In re Rose W.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Layne v. WyllieAppellate Division of the Supreme Court of the State of New York · 2000
  3. Bouie v. Arvelo-SmithAppellate Division of the Supreme Court of the State of New York · 2005
  4. Heitler v. GlucksmanAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by3 opinions

  1. Merz v. PoyerAppellate Terms of the Supreme Court of New York · 2016
  2. Merz v. PoyerAppellate Terms of the Supreme Court of New York · 2016
  3. Shorefront Apts., LLC v. MankoAppellate Terms of the Supreme Court of New York · 2017

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