GUNN, DARRELL A. v. QUINN, LYNN M.

Appellate Division of the Supreme Court of New York

GUNN, DARRELL A. v. QUINN, LYNN M.

100 A.D.3d 1506, 953 N.Y.S.2d 914

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

DecidedNovember 16, 2012

DocketCAF 11-01914

StatusPublished

This text of 100 A.D.3d 1506 (GUNN, DARRELL A. v. QUINN, LYNN M.) 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

GUNN, DARRELL A. v. QUINN, LYNN M., 100 A.D.3d 1506, 953 N.Y.S.2d 914 (N.Y. Ct. App. 2012).

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Opinion

— Appeal from an order of the Family Court, Onondaga County (Gina M. Glover, R.), entered September 8, 2011 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the petition is *1507 reinstated and the matter is remitted to Family Court, Onondaga County, for further proceedings on the petition.

Memorandum: Petitioner father appeals from an order dismissing his petition seeking visitation with his son. The Referee dismissed the petition for “lack of jurisdiction.” The evidence in the record establishes that respondent mother did not sign the stipulation referring the matter to the Referee to hear and determine the matter. Thus, we agree with the father that the Referee was without jurisdiction to dismiss the petition (see Matter of Walker v Bowman, 70 AD3d 1323, 1324 [2010]; see also CPLR 2104). In light of our determination, we need not address the father’s remaining contentions. Present — Scudder, PJ., Centra, Peradotto, Lindley and Whalen, JJ.

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— Appeal from an order of the Family Court, Onondaga County (Gina M. Glover, R.), entered September 8, 2011 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the petition is *1507 reinstated and the matter is remitted to Family Court, Onondaga County, for further proceedings on the petition.

Memorandum: Petitioner father appeals from an order dismissing his petition seeking visitation with his son. The Referee dismissed the petition for “lack of jurisdiction.” The evidence in the record establishes that respondent mother did not sign the stipulation referring the matter to the Referee to hear and determine the matter. Thus, we agree with the father that the Referee was without jurisdiction to dismiss the petition (see Matter of Walker v Bowman, 70 AD3d 1323, 1324 [2010]; see also CPLR 2104). In light of our determination, we need not address the father’s remaining contentions. Present — Scudder, PJ., Centra, Peradotto, Lindley and Whalen, JJ.

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Bluebook (online)

100 A.D.3d 1506, 953 N.Y.S.2d 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunn-darrell-a-v-quinn-lynn-m-nyappdiv-2012.

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