Gambler v. Ellwanger

Appellate Division of the Supreme Court of New York

Gambler v. Ellwanger

228 A.D.2d 504, 643 N.Y.2d 1014, 643 N.Y.S.2d 1014, 1996 N.Y. App. Div. LEXIS 6613

Appellate Division of the Supreme Court of the State of New York·Decided June 10, 1996·Published

Opinion

At the hearing on the petitioner’s application for an order of protection, the appellant requested an adjournment of at least five weeks in order to produce alibi witnesses, but failed to offer any explanation as to why the witnesses would not be available at an earlier date. Under the circumstances, we find no improvident exercise of the Family Court’s discretion in denying the appellant’s request (see, People v Foy, 32 NY2d 473, 478; People v McQuilkin, 213 AD2d 680; People v Meaney, 154 AD2d 555). Rosenblatt, J. P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

At the hearing on the petitioner’s application for an order of protection, the appellant requested an adjournment of at least five weeks in order to produce alibi witnesses, but failed to offer any explanation as to why the witnesses would not be available at an earlier date. Under the circumstances, we find no improvident exercise of the Family Court’s discretion in denying the appellant’s request (see, People v Foy, 32 NY2d 473, 478; People v McQuilkin, 213 AD2d 680; People v Meaney, 154 AD2d 555). Rosenblatt, J. P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

Gambler v. Ellwanger, 228 A.D.2d 504, 643 N.Y.2d 1014, 643 N.Y.S.2d 1014, 1996 N.Y. App. Div. LEXIS 6613 (N.Y. Ct. App. 1996).

Pincite

228 A.D.2d 504 (Gambler v. Ellwanger) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related