Jeannette B. v. Francis B.

Appellate Division of the Supreme Court of New York

Jeannette B. v. Francis B.

238 A.D.2d 945, 661 N.Y.S.2d 548

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

DecidedApril 25, 1997

DocketAppeal No. 1

StatusPublished

Cited by3 cases

This text of 238 A.D.2d 945 (Jeannette B. v. Francis B.) 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

Jeannette B. v. Francis B., 238 A.D.2d 945, 661 N.Y.S.2d 548 (N.Y. Ct. App. 1997).

Pincite

Opinion

—Appeal [946]*946unanimously dismissed without costs. Memorandum: The orders of Family Court denying petitioner’s ex parte applications for orders to show cause and dismissing the underlying petitions are not appealable as of right (see, CPLR 5701 [a] [2]; Parkchester S. Condominium v Pickett, 209 AD2d 291; Matter of Michael JJ., 200 AD2d 80; Matter of McKee v Coughlin, 142 AD2d 798; Pastore v Boone, 127 AD2d 872).

Were we to reach the merits of the appeals, we would conclude that the court did not err in dismissing the petitions on the ground that petitioner lacked standing (see, People ex rel. Antonini v Tracey L., 230 AD2d 869) and that it properly refused to sign petitioner’s orders to show cause (see generally, Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C2214:27). (Appeal from Order of Erie County Family Court, Szczur, J.—Reassign Counsel.) Present—Den-man, P. J., Pine, Callahan, Boehm and Fallon, JJ.

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

—Appeal [946]*946unanimously dismissed without costs. Memorandum: The orders of Family Court denying petitioner’s ex parte applications for orders to show cause and dismissing the underlying petitions are not appealable as of right (see, CPLR 5701 [a] [2]; Parkchester S. Condominium v Pickett, 209 AD2d 291; Matter of Michael JJ., 200 AD2d 80; Matter of McKee v Coughlin, 142 AD2d 798; Pastore v Boone, 127 AD2d 872).

Were we to reach the merits of the appeals, we would conclude that the court did not err in dismissing the petitions on the ground that petitioner lacked standing (see, People ex rel. Antonini v Tracey L., 230 AD2d 869) and that it properly refused to sign petitioner’s orders to show cause (see generally, Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C2214:27). (Appeal from Order of Erie County Family Court, Szczur, J.—Reassign Counsel.) Present—Den-man, P. J., Pine, Callahan, Boehm and Fallon, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

238 A.D.2d 945, 661 N.Y.S.2d 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeannette-b-v-francis-b-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack