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Mitchell v. Morris

177 A.D.2d 579, 576 N.Y.S.2d 295, 1991 N.Y. App. Div. LEXIS 14473
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 12, 1991
StatusPublished
Cited by10 cases

This text of 177 A.D.2d 579 (Mitchell v. Morris) 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
Mitchell v. Morris, 177 A.D.2d 579, 576 N.Y.S.2d 295, 1991 N.Y. App. Div. LEXIS 14473 (N.Y. Ct. App. 1991).

Opinion

In a child custody and/or visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Queens County (Lauria, J.), dated April 25, 1991, which, upon his default in appearing, held that an order of the same court, dated June 13, 1990, remained in full force and effect.

Ordered that the appeal is dismissed, with costs.

No appeal lies from an order made upon the default of the aggrieved party (see, CPLR 5511; Katz v Katz, 68 AD2d 536). The proper procedure would have been for the appellant to move to vacate his default, and if necessary, appeal from the order deciding that motion (Katz v Katz, supra).

We further note that the appellant, if he be so advised, may move to modify the prior order of the Family Court based upon new facts or circumstances. Lawrence, J. P., Miller, Ritter and Copertino, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
177 A.D.2d 579, 576 N.Y.S.2d 295, 1991 N.Y. App. Div. LEXIS 14473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-morris-nyappdiv-1991.