Legal Opinion

Garner v. Sans

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

Decided March 17, 2006Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered January 3, 2005. The order denied plaintiffs motion seeking, inter alia, child support and maintenance arrears.

It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs.

Memorandum: Supreme Court properly denied the motion of plaintiff seeking, inter alia, a trial on a motion made by plaintiff in 1985 (1985 motion) that remained undecided as well as child support and maintenance arrears. “The decision to deem a motion abandoned rests within the sound discretion of…

2Cases cited5 opinions

  1. Pinnacle Consultants, Ltd. v. Leucadia National Corp.New York Court of Appeals · 2000
  2. O'Donnell v. FergusonAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2005
  4. Krueger v. WildeAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. SantosAppellate Division of the Supreme Court of the State of New York · 2005

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