Siberio v. Siberio

Appellate Division of the Supreme Court of New York

Siberio v. Siberio

208 A.D.2d 994, 618 N.Y.S.2d 586, 1994 N.Y. App. Div. LEXIS 9646

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

DecidedOctober 13, 1994

StatusPublished

Cited by4 cases

This text of 208 A.D.2d 994 (Siberio v. Siberio) 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

Siberio v. Siberio, 208 A.D.2d 994, 618 N.Y.S.2d 586, 1994 N.Y. App. Div. LEXIS 9646 (N.Y. Ct. App. 1994).

Pincite

Opinion

Casey, J.

Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered May 13, 1993, which, in a proceeding pursuant to Family Court Act article 6, granted respondent’s motion to dismiss the petition for failure to prosecute.

Petitioner failed to appear for a court hearing, claiming through his attorney that he had the flu. The attorney requested an adjournment. Respondent’s attorney moved to dismiss the proceeding for failure to prosecute. The motion was granted by Family Court without prejudice and petitioner now appeals.

The record reveals that after the order of dismissal, a new order to show cause was issued against respondent and a new petition for custody was filed by petitioner. The matter was set down for trial on July 5, 1994. Inasmuch as the order of dismissal was without prejudice and petitioner has reinstituted a new proceeding seeking the same relief that he sought in the prior proceeding, petitioner’s appeal of the prior order of dismissal is moot.

Mercure, J. P., Crew III and White, JJ., concur. Ordered that the appeal is dismissed, without costs.

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