Matter of Joei

Decision Date02 July 2003
Docket NumberNo. 422.,422.
Citation100 N.Y.2d 575,764 N.Y.S.2d 383,796 N.E.2d 474
PartiesIn the Matter of Joei R., et al., Children Under the Age of Eighteen Years, &c. Ida S., Appellant, v. Jose R., Respondent, Angel Guardian Children and Family Services, Respondent.
CourtNew York Court of Appeals Court of Appeals

Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that dismissed the appeal from Family Court's dispositional order as to appellant, dismissed upon the ground that it does not lie from the Appellate Division order dismissing the appeal from an order entered upon default (see, CPLR 5511); motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Family Court's denial of the motion to vacate, dismissed upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied. Motion for poor person relief dismissed as academic.

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3 cases
  • Marriott v. Cappello
    • United States
    • New York Supreme Court — Appellate Division
    • June 9, 2017
    ...of Lisa Marie S., 304 A.D.2d 762, 763, 758 N.Y.S.2d 386, lv. denied 100 N.Y.2d 508, 764 N.Y.S.2d 385, 796 N.E.2d 477, lv. dismissed 100 N.Y.2d 575, 764 N.Y.S.2d 383, 796 N.E.2d 475 ; cf. Pendergast, 244 A.D.2d at 869, 665 N.Y.S.2d 132 ). Therefore, plaintiff's " failure to demand his attorn......
  • In re Aliyah Julia N.
    • United States
    • New York Supreme Court — Appellate Division
    • February 17, 2011
    ...A.D.3d 520entered on default ( see Matter of Joei R., 302 A.D.2d 334, 756 N.Y.S.2d 516 [2003]; lv. dismissed in part, denied in part 100 N.Y.2d 575, 764 N.Y.S.2d 383, 796 N.E.2d 474 [2003] ). Were we to reach the merits, we would find that the child's best interests will be served by the te......
  • Ruiz v. Laophermsook
    • United States
    • New York Supreme Court
    • January 12, 2022
    ...(See Ida S. v Angel Guardian Children & Family Servs. [In re Guardianship of Joei R.]), 302 A.D.2d 334 (1st Dept 2003), app. denied, 100 N.Y.2d 575 (2003); Siskin v. 221 Sullivan Street Realty Corp., 180 A.D.2d 544 [1st Dept 1992]). Additionally, plaintiffs argument that she was unable to r......

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