Levine v. Berger

Appellate Division of the Supreme Court of New York

Levine v. Berger

46 A.D.2d 771, 360 N.Y.S.2d 476, 1974 N.Y. App. Div. LEXIS 3709

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

DecidedNovember 4, 1974

StatusPublished

Cited by1 cases

This text of 46 A.D.2d 771 (Levine v. Berger) 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

Levine v. Berger, 46 A.D.2d 771, 360 N.Y.S.2d 476, 1974 N.Y. App. Div. LEXIS 3709 (N.Y. Ct. App. 1974).

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Opinion

In proceedings (1) by Sidney Levine for enforcement of visitation rights and (2) by Marie Berger for reinstatement of a child support order, Marie Berger appeals from an order of the Family Court, Suffolk County, [772]*772dated April 24, 1974 and made on her default, which made provision respecting visitation and continued a suspension of child support under a prior order of the same court dated November 11, 1973. Appeal dismissed, without costs. The stay of enforcement of the order pending appeal, granted by this court on August 29,1974, is vacated. No appeal lies from an order entered on default of the aggrieved party (CPLR 5511). Appellant is not precluded from instituting another proceeding in the Family Court. Hopkins, Martuscello, Latham and Shapiro, JJ., concur; Gulotta, P. J., not voting.

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In proceedings (1) by Sidney Levine for enforcement of visitation rights and (2) by Marie Berger for reinstatement of a child support order, Marie Berger appeals from an order of the Family Court, Suffolk County, [772]*772dated April 24, 1974 and made on her default, which made provision respecting visitation and continued a suspension of child support under a prior order of the same court dated November 11, 1973. Appeal dismissed, without costs. The stay of enforcement of the order pending appeal, granted by this court on August 29,1974, is vacated. No appeal lies from an order entered on default of the aggrieved party (CPLR 5511). Appellant is not precluded from instituting another proceeding in the Family Court. Hopkins, Martuscello, Latham and Shapiro, JJ., concur; Gulotta, P. J., not voting.

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Bluebook (online)

46 A.D.2d 771, 360 N.Y.S.2d 476, 1974 N.Y. App. Div. LEXIS 3709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-berger-nyappdiv-1974.

Opinion

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