Onondaga County Department of Social Services v. Lampkin

Appellate Division of the Supreme Court of New York

Onondaga County Department of Social Services v. Lampkin

164 A.D.2d 969, 559 N.Y.S.2d 853, 1990 N.Y. App. Div. LEXIS 16813

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

DecidedAugust 10, 1990

StatusPublished

This text of 164 A.D.2d 969 (Onondaga County Department of Social Services v. Lampkin) 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

Onondaga County Department of Social Services v. Lampkin, 164 A.D.2d 969, 559 N.Y.S.2d 853, 1990 N.Y. App. Div. LEXIS 16813 (N.Y. Ct. App. 1990).

Pincite

Opinion

Case held, decision reserved and matter remitted to Onondaga County Family Court [970]*970for further proceedings, in accordance with the following memorandum: We are unable to determine from the record whether Family Court abused its discretion when it vacated default orders of filiation and support and directed restitution. Family Court erred in denying respondent’s request for a hearing on the issues of excusable default and the timeliness of his application for relief from the default orders. Hence, the matter is remitted to Family Court for a plenary hearing on those issues. (Appeals from order of Onondaga County Family Court, Hedges, J.—vacate default paternity order.) Present— Dillon, P. J., Callahan, Green, Balio and Lowery, JJ.

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Case held, decision reserved and matter remitted to Onondaga County Family Court [970]*970for further proceedings, in accordance with the following memorandum: We are unable to determine from the record whether Family Court abused its discretion when it vacated default orders of filiation and support and directed restitution. Family Court erred in denying respondent’s request for a hearing on the issues of excusable default and the timeliness of his application for relief from the default orders. Hence, the matter is remitted to Family Court for a plenary hearing on those issues. (Appeals from order of Onondaga County Family Court, Hedges, J.—vacate default paternity order.) Present— Dillon, P. J., Callahan, Green, Balio and Lowery, JJ.

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Bluebook (online)

164 A.D.2d 969, 559 N.Y.S.2d 853, 1990 N.Y. App. Div. LEXIS 16813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/onondaga-county-department-of-social-services-v-lampkin-nyappdiv-1990.