In the Matter of Kondratyeva v. Yapi
| Decision Date | 06 December 2004 |
| Docket Number | 2003-10806.,2003-10803.,2003-09820. |
| Citation | 13 A.D.3d 376,788 N.Y.S.2d 394,2004 NY Slip Op 09074 |
| Parties | In the Matter of TATYANA V. KONDRATYEVA, Respondent, v. JOSEPH L. YAPI, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the appeals from the orders dated October 22, 2003, are dismissed, without costs or disbursements; and it is further,
Ordered that the order dated September 25, 2003, is affirmed, without costs or disbursements.
The appeals from the orders dated October 22, 2003, must be dismissed, as they were entered upon the father's default. The Family Court properly found that the father's disruptive behavior in the courtroom was sufficient to constitute a default (see Matter of McConnell v Montagriff, 233 AD2d 512 [1996]). No appeal lies from an order made upon the default of the appealing party (see CPLR 5511). The proper procedure was to move to vacate the default and, if necessary, appeal from the denial of the motion to vacate (see Matter of Heitler v Glucksman, 309 AD2d 866 [2003]; Matter of Smith v Richards, 286 AD2d 393 [2001]).
The Family Court providently exercised its discretion in denying the father's objections to the order denying his motion to vacate the order dated February 26, 2003, as he failed to provide a reasonable excuse for his default in appearing (see CPLR 5015 [a] [1]; Matter of Haber v Haber, 306 AD2d 282 [2003]). Since the father failed to appear or submit sufficient documentation of his recent income, ...
To continue reading
Request your trial
-
Feng Lucy Luo v. Yang
...A.D.3d 215, 805 N.Y.S.2d 6; Matter of Denham v. Kaplan, 16 A.D.3d 685, 793 N.Y.S.2d 58; [933 N.Y.S.2d 82] Matter of Kondratyeva v. Yapi, 13 A.D.3d 376, 788 N.Y.S.2d 394; Matter of Grossman v. Grossman, 248 A.D.2d 536, 670 N.Y.S.2d 206). Furthermore, the Support Magistrate had sufficient evi......
-
Admin. for Children's Servs. v. Andrzej B. (In re Bartosz B.)
...his telephonic participation at the hearing warranted termination of the call and constituted a default (see Matter of Kondratyeva v. Yapi, 13 A.D.3d 376, 788 N.Y.S.2d 394 ; Matter of McConnell v. Montagriff, 233 A.D.2d 512, 512–513, 650 N.Y.S.2d 768 ). Accordingly, the determinations made ......
-
Perry v. Perry
...LL., 80 A.D.3d 834, 835, 914 N.Y.S.2d 408 [2011], lv denied 16 N.Y.3d 711, 2011 WL 1643283 [2011] ; Matter of Kondratyeva v. Yapi, 13 A.D.3d 376, 376–377, 788 N.Y.S.2d 394 [2004]...
-
In re E. & H. Goldstein Family Trust
...Matter of Rhodes, 77 A.D.3d 760, 908 N.Y.S.2d 599; Bacchus v. City of New York, 63 A.D.3d 768, 880 N.Y.S.2d 517; Matter of Kondratyeva v. Yapi, 13 A.D.3d 376, 788 N.Y.S.2d 394). To the extent that Marvin S. Goldstein (hereinafter Marvin) purports to join in the brief filed by the appellant,......