In re Gallagher

Appellate Division of the Supreme Court of New York

In re Gallagher

289 A.D.2d 237, 734 N.Y.S.2d 847, 2001 N.Y. App. Div. LEXIS 11816

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

DecidedDecember 3, 2001

StatusPublished

This text of 289 A.D.2d 237 (In re Gallagher) 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 Gallagher, 289 A.D.2d 237, 734 N.Y.S.2d 847, 2001 N.Y. App. Div. LEXIS 11816 (N.Y. Ct. App. 2001).

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Opinion

In a proceeding, inter alia, pursuant to Mental Hygiene Law article 81 for [238]*238the appointment of a Law Guardian for an alleged incapacitated person, David Ney appeals, as limited by his brief, from stated portions of an order and judgment (one paper) of the Supreme Court, Suffolk County (Leis, J.), dated October 20, 1999.

Ordered that the appeal from the order and judgment is dismissed, with costs.

In August 1998, Mary Gallagher, a/k/a Mae Joan Gallagher, executed a deed transferring ownership of her house to David Ney and Allison Connor in exchange for $10,000. Although served with notice of the proceeding, David Ney failed to appear at the hearing resulting from a petition brought to determine Gallagher’s mental capacity. No appeal lies from an order or judgment entered on the default of the appealing party (see, CPLR 5511; Uhlfelder v Uhlfelder, 266 AD2d 388; Beck v Beck, 257 AD2d 641). Ritter, J. P., Goldstein, S. Miller and Crane, JJ., concur.

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In a proceeding, inter alia, pursuant to Mental Hygiene Law article 81 for [238]*238the appointment of a Law Guardian for an alleged incapacitated person, David Ney appeals, as limited by his brief, from stated portions of an order and judgment (one paper) of the Supreme Court, Suffolk County (Leis, J.), dated October 20, 1999.

Ordered that the appeal from the order and judgment is dismissed, with costs.

In August 1998, Mary Gallagher, a/k/a Mae Joan Gallagher, executed a deed transferring ownership of her house to David Ney and Allison Connor in exchange for $10,000. Although served with notice of the proceeding, David Ney failed to appear at the hearing resulting from a petition brought to determine Gallagher’s mental capacity. No appeal lies from an order or judgment entered on the default of the appealing party (see, CPLR 5511; Uhlfelder v Uhlfelder, 266 AD2d 388; Beck v Beck, 257 AD2d 641). Ritter, J. P., Goldstein, S. Miller and Crane, JJ., concur.

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Bluebook (online)

289 A.D.2d 237, 734 N.Y.S.2d 847, 2001 N.Y. App. Div. LEXIS 11816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gallagher-nyappdiv-2001.

Opinion

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