Matter of Joei, No. 422.

CourtNew York Court of Appeals
Writing for the CourtKaye
Citation100 N.Y.2d 575,764 N.Y.S.2d 383,796 N.E.2d 474
Docket NumberNo. 422.
Decision Date02 July 2003
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.

Page 1

In 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.
No. 422.
Court of Appeals of the State of New York.
July 2, 2003.

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....

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3 practice notes
  • 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, 2022-30093
    • United States
    • United States State Supreme Court (New York)
    • 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......
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, 2022-30093
    • United States
    • United States State Supreme Court (New York)
    • 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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