Brianna C. v. Erie County Children's Services

Appellate Division of the Supreme Court of New York

Brianna C. v. Erie County Children's Services

114 A.D.3d 1149, 979 N.Y.S.2d 889

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

DecidedFebruary 7, 2014

StatusPublished

This text of 114 A.D.3d 1149 (Brianna C. v. Erie County Children's Services) 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

Brianna C. v. Erie County Children's Services, 114 A.D.3d 1149, 979 N.Y.S.2d 889 (N.Y. Ct. App. 2014).

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Opinion

Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered August 15, 2012 in a proceeding pursuant to Family Court Act article 10. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order dismissing his petition seeking modification of an order of protection, petitioner contends that Family Court erred in dismissing the petition because the Attorney for the Children (AFC) and respondent failed to make written motions to dismiss, and he further contends that the AFC and respondent failed to comply with other requirements of the CPLR with respect to motions. Petitioner failed to object to the motions on the grounds now asserted, and therefore has not preserved his contentions for our review (see Matter of Damion D., 42 AD3d 715, 716 [2007]). Present — Smith, J.P, Peradotto, Lindley, Sconiers and Valentino, JJ.

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Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered August 15, 2012 in a proceeding pursuant to Family Court Act article 10. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order dismissing his petition seeking modification of an order of protection, petitioner contends that Family Court erred in dismissing the petition because the Attorney for the Children (AFC) and respondent failed to make written motions to dismiss, and he further contends that the AFC and respondent failed to comply with other requirements of the CPLR with respect to motions. Petitioner failed to object to the motions on the grounds now asserted, and therefore has not preserved his contentions for our review (see Matter of Damion D., 42 AD3d 715, 716 [2007]). Present — Smith, J.P, Peradotto, Lindley, Sconiers and Valentino, JJ.

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Bluebook (online)

114 A.D.3d 1149, 979 N.Y.S.2d 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brianna-c-v-erie-county-childrens-services-nyappdiv-2014.

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