Barry v. Glynn

Appellate Division of the Supreme Court of New York

Barry v. Glynn

29 A.D.2d 927, 289 N.Y.S.2d 267, 1968 N.Y. App. Div. LEXIS 4219

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

DecidedApril 18, 1968

StatusPublished

Cited by1 cases

This text of 29 A.D.2d 927 (Barry v. Glynn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barry v. Glynn, 29 A.D.2d 927, 289 N.Y.S.2d 267, 1968 N.Y. App. Div. LEXIS 4219 (N.Y. Ct. App. 1968).

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Opinion

Order, entered December 13, 1967, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs or disbursements, motion of respondent to vacate default granted and prior order of November 17, 1967 vacated. (CPLR 2221, 5015, see 5 Weinstein-IÍorn-Miller, N. Y. Civ. Prac., par. 5015.12; vol. 7, par. 5511.10.) The order of November 17, 1967, effected an award of custody to the petitioner of the parties’ 10-year-old daughter “ without the benefit of full hearing.” Upon remand, the Supreme Court, Bronx County, should exercise its discretion as to whether it would be appropriate to transfer the proceeding to the Family Court, Bronx County (N. Y. Const., art. VI, § 19, subd. a; Family Ct. Act, § 115, subd. [b]; Kagen v. Kagen, 21 N Y 2d 532). Appeal from order entered November 17, 1967, dismissed, without costs or disbursements, since no appeal lies from an order entered upon default (CPLR 5511). Concur — Stevens, J. P., Steuer, Tilzer, McGivern and Rabin, JJ.

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Order, entered December 13, 1967, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs or disbursements, motion of respondent to vacate default granted and prior order of November 17, 1967 vacated. (CPLR 2221, 5015, see 5 Weinstein-IÍorn-Miller, N. Y. Civ. Prac., par. 5015.12; vol. 7, par. 5511.10.) The order of November 17, 1967, effected an award of custody to the petitioner of the parties’ 10-year-old daughter “ without the benefit of full hearing.” Upon remand, the Supreme Court, Bronx County, should exercise its discretion as to whether it would be appropriate to transfer the proceeding to the Family Court, Bronx County (N. Y. Const., art. VI, § 19, subd. a; Family Ct. Act, § 115, subd. [b]; Kagen v. Kagen, 21 N Y 2d 532). Appeal from order entered November 17, 1967, dismissed, without costs or disbursements, since no appeal lies from an order entered upon default (CPLR 5511). Concur — Stevens, J. P., Steuer, Tilzer, McGivern and Rabin, JJ.

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Bluebook (online)

29 A.D.2d 927, 289 N.Y.S.2d 267, 1968 N.Y. App. Div. LEXIS 4219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barry-v-glynn-nyappdiv-1968.

Opinion

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