Dillard v. Dillard

Appellate Division of the Supreme Court of New York

Dillard v. Dillard

48 A.D.2d 666, 367 N.Y.S.2d 569, 1975 N.Y. App. Div. LEXIS 9684

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

DecidedMay 12, 1975

StatusPublished

Cited by3 cases

This text of 48 A.D.2d 666 (Dillard v. Dillard) 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

Dillard v. Dillard, 48 A.D.2d 666, 367 N.Y.S.2d 569, 1975 N.Y. App. Div. LEXIS 9684 (N.Y. Ct. App. 1975).

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Opinion

Appeal from two orders of the Family Court, Queens County, (1) the first, dated July 1, 1974, remanding appellant to Elmhurst General Hospital for examination, observation and report on July 11, 1974, and (2) the second, dated July 12, 1974, ordering appellant to pay support to petitioner through the court, in the amount of $25 per week, beginning July 19, 1974. Pursuant to CPLR 5520 (subd [c]), in the court’s discretion and in the interests of justice, the notice of appeal, which is premature as to the order of July 12, 1974, is treated as a valid notice of appeal from both orders. Appeal from the order of July 1, 1974 dismissed, without costs. That order is not an order of disposition and, hence, is not appealable as of right (Family Ct. Act, § 1112). Order of June 12, 1974 reversed, without costs, and proceeding remanded to the Family Court for a new hearing. A new hearing is required as to the issue of support as the minutes of the hearing held on July 12, 1974 are unavailable. Hopkins, Acting P. J., Martuscello, Munder and Shapiro, JJ., concur.

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Appeal from two orders of the Family Court, Queens County, (1) the first, dated July 1, 1974, remanding appellant to Elmhurst General Hospital for examination, observation and report on July 11, 1974, and (2) the second, dated July 12, 1974, ordering appellant to pay support to petitioner through the court, in the amount of $25 per week, beginning July 19, 1974. Pursuant to CPLR 5520 (subd [c]), in the court’s discretion and in the interests of justice, the notice of appeal, which is premature as to the order of July 12, 1974, is treated as a valid notice of appeal from both orders. Appeal from the order of July 1, 1974 dismissed, without costs. That order is not an order of disposition and, hence, is not appealable as of right (Family Ct. Act, § 1112). Order of June 12, 1974 reversed, without costs, and proceeding remanded to the Family Court for a new hearing. A new hearing is required as to the issue of support as the minutes of the hearing held on July 12, 1974 are unavailable. Hopkins, Acting P. J., Martuscello, Munder and Shapiro, JJ., concur.

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Bluebook (online)

48 A.D.2d 666, 367 N.Y.S.2d 569, 1975 N.Y. App. Div. LEXIS 9684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillard-v-dillard-nyappdiv-1975.

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