Phelps v. Phelps

Appellate Division of the Supreme Court of New York

Phelps v. Phelps

286 A.D.2d 994, 730 N.Y.S.2d 913, 2001 N.Y. App. Div. LEXIS 8948

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

DecidedSeptember 28, 2001

StatusPublished

This text of 286 A.D.2d 994 (Phelps v. Phelps) 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

Phelps v. Phelps, 286 A.D.2d 994, 730 N.Y.S.2d 913, 2001 N.Y. App. Div. LEXIS 8948 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Seneca County Family Court for further proceedings in accordance with the following Memorandum: [995]*995Based on a June 1998 order entered in a different proceeding, Family Court dismissed the instant petition for visitation. That was error. That order was either satisfied or superseded by an October 1998 order extending the underlying order of disposition in that proceeding. Thus, we reinstate the petition and remit the matter to Seneca County Family Court for a hearing on the merits of the petition. (Appeal from Order of Seneca County Family Court, Falvey, J. — Visitation.) Present— Wisner, J. P., Hurlbutt, Scudder, Kehoe and Burns, JJ.

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—Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Seneca County Family Court for further proceedings in accordance with the following Memorandum: [995]*995Based on a June 1998 order entered in a different proceeding, Family Court dismissed the instant petition for visitation. That was error. That order was either satisfied or superseded by an October 1998 order extending the underlying order of disposition in that proceeding. Thus, we reinstate the petition and remit the matter to Seneca County Family Court for a hearing on the merits of the petition. (Appeal from Order of Seneca County Family Court, Falvey, J. — Visitation.) Present— Wisner, J. P., Hurlbutt, Scudder, Kehoe and Burns, JJ.

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Bluebook (online)

286 A.D.2d 994, 730 N.Y.S.2d 913, 2001 N.Y. App. Div. LEXIS 8948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-phelps-nyappdiv-2001.