Legal Opinion

Jeffrey H. v. Crystal E.

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

Decided February 27, 2013Published

1Opinion of the Court

In a paternity proceeding pursuant to Family Court Act article 5, and a related child custody and visitation proceeding pursuant to Family Court Act article 6, the petitioner appeals from two orders of the Family Court, Kings County (Valme-Lundy, Ct. Atty. Ref.), both dated December 20, 2011, which dismissed the petitions, without prejudice to refiling, for failure to prosecute.

Ordered that orders are affirmed, without costs or disbursements.

Under the circumstances of this case, the Family Court did not improvidently exercise its discretion in dismissing the petitions without prejudice to…

2Cases cited2 opinions

  1. McEwen v. Donnie R. O.Appellate Division of the Supreme Court of the State of New York · 1993
  2. Chartock v. WoodAppellate Division of the Supreme Court of the State of New York · 1999

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