In re Dos-Santos v. Rand

Appellate Division of the Supreme Court of New York

In re Dos-Santos v. Rand

254 A.D.2d 112, 678 N.Y.S.2d 263, 1998 N.Y. App. Div. LEXIS 10854

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

DecidedOctober 15, 1998

StatusPublished

This text of 254 A.D.2d 112 (In re Dos-Santos v. Rand) 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

In re Dos-Santos v. Rand, 254 A.D.2d 112, 678 N.Y.S.2d 263, 1998 N.Y. App. Div. LEXIS 10854 (N.Y. Ct. App. 1998).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (William Mc-Cooe, J.), entered September 30,1997, which denied petitioner’s application to compel respondent Judge to issue a written order on petitioner’s application to dismiss the juvenile delinquency proceeding against her son, and dismissed the petition, unanimously affirmed, without costs.

The proceeding was properly dismissed on the ground that the written order sought by petitioner had in fact been issued. In addition, we note that any proceeding commenced by this petitioner with respect to any alleged errors of law in her son’s juvenile delinquency matter would be dismissible since a CPLR article 78 proceeding does not lie to correct such errors (CPLR [113]*1137801). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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Order and judgment (one paper), Supreme Court, New York County (William Mc-Cooe, J.), entered September 30,1997, which denied petitioner’s application to compel respondent Judge to issue a written order on petitioner’s application to dismiss the juvenile delinquency proceeding against her son, and dismissed the petition, unanimously affirmed, without costs.

The proceeding was properly dismissed on the ground that the written order sought by petitioner had in fact been issued. In addition, we note that any proceeding commenced by this petitioner with respect to any alleged errors of law in her son’s juvenile delinquency matter would be dismissible since a CPLR article 78 proceeding does not lie to correct such errors (CPLR [113]*1137801). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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Bluebook (online)

254 A.D.2d 112, 678 N.Y.S.2d 263, 1998 N.Y. App. Div. LEXIS 10854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dos-santos-v-rand-nyappdiv-1998.