Seago v. Arnold

Appellate Division of the Supreme Court of New York

Seago v. Arnold

105 A.D.2d 1157, 482 N.Y.S.2d 712, 1984 N.Y. App. Div. LEXIS 21284

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

DecidedNovember 7, 1984

StatusPublished

This text of 105 A.D.2d 1157 (Seago v. Arnold) 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

Seago v. Arnold, 105 A.D.2d 1157, 482 N.Y.S.2d 712, 1984 N.Y. App. Div. LEXIS 21284 (N.Y. Ct. App. 1984).

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Opinion

Order unanimously modified by deleting the second decretal paragraph and, as modified, affirmed, without costs. Memorandum: Family Court improperly enjoined petitioner from bringing any further proceedings without being represented by counsel. A party is permitted to prosecute or defend a civil action “in person” (CPLR 321, subd [a]).

With respect to the merits of the petition, Family Court properly found that the petition failed to allege sufficient facts to warrant a hearing. (Appeal from order of Yates County Family Court, Dugan, J. — modification of support.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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Order unanimously modified by deleting the second decretal paragraph and, as modified, affirmed, without costs. Memorandum: Family Court improperly enjoined petitioner from bringing any further proceedings without being represented by counsel. A party is permitted to prosecute or defend a civil action “in person” (CPLR 321, subd [a]).

With respect to the merits of the petition, Family Court properly found that the petition failed to allege sufficient facts to warrant a hearing. (Appeal from order of Yates County Family Court, Dugan, J. — modification of support.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

105 A.D.2d 1157, 482 N.Y.S.2d 712, 1984 N.Y. App. Div. LEXIS 21284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seago-v-arnold-nyappdiv-1984.