From Casetext: Smarter Legal Research

Matter of Jeannette v. Francis

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 945 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Denman, P.J., Pine, Callahan, Boehm and Fallon, JJ.


Appeal unanimously dismissed without costs. Memorandum: The orders of Family Court denying petitioner's ex parte applications for orders to show cause and dismissing the underlying petitions are not appealable as of right ( see, CPLR 5701 [a] [2]; Parkchester S. Condominium v. Pickett, 209 A.D.2d 291; Matter of Michael JJ., 200 A.D.2d 80; Matter of McKee v. Coughlin, 142 A.D.2d 798; Pastore v. Boone, 127 A.D.2d 872).

Were we to reach the merits of the appeals, we would conclude that the court did not err in dismissing the petitions on the ground that petitioner lacked standing ( see, People ex rel. Antonini v. Tracey L., 230 A.D.2d 869) and that it properly refused to sign petitioner's orders to show cause ( see generally, Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C2214:27). (Appeal from Order of Erie County Family Court, Szczur, J. — Reassign Counsel.)


Summaries of

Matter of Jeannette v. Francis

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 945 (N.Y. App. Div. 1997)
Case details for

Matter of Jeannette v. Francis

Case Details

Full title:In the Matter of JEANNETTE B., Appellant, v. FRANCIS B., JR., Respondent…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 25, 1997

Citations

238 A.D.2d 945 (N.Y. App. Div. 1997)
661 N.Y.S.2d 548

Citing Cases

Matter of Jeannette v. Diane

Appeal unanimously dismissed without costs. Same Memorandum as in Matter of Jeannette B. v. Francis B. ( 238…

Bridget PP. v. Richard QQ.

According to the terms of that order of protection, it was to expire on August 24, 2012. At the outset, we…