From Casetext: Smarter Legal Research

Matter of O'Hanlon v. Cornelius

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1995
213 A.D.2d 406 (N.Y. App. Div. 1995)

Opinion

March 6, 1995

Appeal from the Family Court, Rockland County (Stanger, J.).


Ordered that the order is affirmed, with costs, for reasons stated by Judge Stanger at the Family Court.

We note that there is no merit to the petitioner's contention that the Family Court erred in granting the respondents' motion to dismiss the proceeding without holding a hearing. There is no statutory requirement for a hearing (see, Domestic Relations Law § 72). In any event, the petitioner's papers failed to set forth sufficient facts showing that there was a factual dispute requiring the Family Court to conduct a hearing before deciding the motion (see, Strauss v. Ingber, 208 A.D.2d 608). Balletta, J.P., Thompson, Joy and Florio, JJ., concur.


Summaries of

Matter of O'Hanlon v. Cornelius

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1995
213 A.D.2d 406 (N.Y. App. Div. 1995)
Case details for

Matter of O'Hanlon v. Cornelius

Case Details

Full title:In the Matter of VINCENT O'HANLON, Appellant, v. TARYN O. CORNELIUS et…

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

Date published: Mar 6, 1995

Citations

213 A.D.2d 406 (N.Y. App. Div. 1995)
624 N.Y.S.2d 876

Citing Cases

Long v. Donoghue

However, the statute does not confer automatic standing on siblings, as the statute requires that the…

Matter of Gregston v. Amatulli

The Family Court erred in failing to conduct a hearing under the circumstances presented. While it is true…