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Matter of Mott v. Ransom

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 929 (N.Y. App. Div. 1994)

Opinion

December 23, 1994

Present — Green, J.P., Wesley, Callahan, Doerr and Balio, JJ. [As amended by unpublished order entered Feb. 3, 1995.]


Order unanimously affirmed without costs. Memorandum: "The granting or refusing of a continuance in a judicial proceeding is a matter within the sound discretion of the trial court and should not be interfered with absent a clear abuse thereof" (Matter of Bales, 93 A.D.2d 861, 862, lv dismissed 60 N.Y.2d 554). There was no clear abuse of discretion in the denial of petitioner's request for an adjournment of the hearing held February 9, 1993.

Family Court did not abuse its discretion in denying petitioner's request for an adjournment of the hearing held May 4 and 5, 1993 (see, CPLR 4402; Matter of Justin D., 143 A.D.2d 346, 347; Matter of Heyer v Heyer, 112 A.D.2d 539, 540). The record supports the conclusion of the court, shared by the Law Guardian, that an adjournment would be contrary to the best interests of the child.


Summaries of

Matter of Mott v. Ransom

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 929 (N.Y. App. Div. 1994)
Case details for

Matter of Mott v. Ransom

Case Details

Full title:In the Matter of DEBRA A. MOTT, Appellant, v. ROBERT S. RANSOM…

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

Date published: Dec 23, 1994

Citations

210 A.D.2d 929 (N.Y. App. Div. 1994)
621 N.Y.S.2d 987

Citing Cases

Matter of Mott v. Ransom

Order unanimously affirmed without costs. Same Memorandum as in Matter of Mott v Ransom ( 210 A.D.2d 929…