Plantz v. Rounds

Appellate Division of the Supreme Court of New York

Plantz v. Rounds

115 A.D.2d 951, 497 N.Y.S.2d 527, 1985 N.Y. App. Div. LEXIS 55314

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

DecidedDecember 20, 1985

StatusPublished

Cited by1 cases

This text of 115 A.D.2d 951 (Plantz v. Rounds) 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

Plantz v. Rounds, 115 A.D.2d 951, 497 N.Y.S.2d 527, 1985 N.Y. App. Div. LEXIS 55314 (N.Y. Ct. App. 1985).

Pincite

Opinion

Appeal unanimously dismissed, without costs. Memorandum: When, as here, support is sought in the paternity petition but the filiation order makes no provision for support, the order is not appealable as [952]*952of right (see, Family Ct Act § 1112; Matter of Jane PP. v Paul QQ., 64 NY2d 15, 17). The rule requiring permission to appeal in such circumstances furthers the purpose of conserving judicial resources by making piecemeal appeals unnecessary (see, Matter of Jane PP. v Paul QQ., supra, p 18). Because no permission to appeal has been granted, the appeal is dismissed. Were we to reach the merits, we would conclude on our review of the record that paternity has been established by clear and convincing evidence (see, Matter of Commissioner of Social Servs. v Philip De G., 59 NY2d 137). (Appeal from amended order of Jefferson County Family Court, Murray, J. —paternity.) Present—Hancock, Jr., J. P., Doerr, Boomer, Green and O’Donnell, JJ.

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

Appeal unanimously dismissed, without costs. Memorandum: When, as here, support is sought in the paternity petition but the filiation order makes no provision for support, the order is not appealable as [952]*952of right (see, Family Ct Act § 1112; Matter of Jane PP. v Paul QQ., 64 NY2d 15, 17). The rule requiring permission to appeal in such circumstances furthers the purpose of conserving judicial resources by making piecemeal appeals unnecessary (see, Matter of Jane PP. v Paul QQ., supra, p 18). Because no permission to appeal has been granted, the appeal is dismissed. Were we to reach the merits, we would conclude on our review of the record that paternity has been established by clear and convincing evidence (see, Matter of Commissioner of Social Servs. v Philip De G., 59 NY2d 137). (Appeal from amended order of Jefferson County Family Court, Murray, J. —paternity.) Present—Hancock, Jr., J. P., Doerr, Boomer, Green and O’Donnell, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

115 A.D.2d 951, 497 N.Y.S.2d 527, 1985 N.Y. App. Div. LEXIS 55314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plantz-v-rounds-nyappdiv-1985.

Opinion

Related

Cite This Page — Counsel Stack