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In Re Nyree S., Etc v. Gregory C

New York Supreme Court Appellate Division, First Department


October 16, 2012

IN RE NYREE S., ETC., PETITIONER-RESPONDENT,
v.
GREGORY C., RESPONDENT-APPELLANT.

Appeal from order, Family Court, Bronx County (Alma Cordova, J.), entered on or about December 9, 2010, which granted the petition seeking a five-year order of protection in favor of petitioner mother and the parties' child upon a determination that respondent father had committed the family offenses of harassment and stalking, unanimously dismissed, without costs, as taken from a non-appealable paper.

Matter of Matter of Nyree S. v Gregory C.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 16, 2012

Tom, J.P., Mazzarelli, Andrias, DeGrasse, Roman, JJ.

The record shows that the incarcerated respondent appeared telephonically at a hearing and was grossly disrespectful to the court. When the court admonished respondent, he responded in a manner indicating that he had no respect for the court's authority. The court therefore acted properly in excluding respondent from the proceedings by disconnecting his telephone connection, and his conduct constituted a knowing and willful default (see Matter of Anita L. v Damon N., 54 AD3d 630 [1st Dept 2008]; Matter of Kondratyeva v Yapi, 13 AD3d 376 [2d Dept 2004]; Matter of McConnell v Montagriff, 233 AD2d 512 [2d Dept 1996]). Accordingly, since no appeal lies from an order entered upon the aggrieved party's default, the appeal is dismissed (see CPLR 5511; Anita L., 54 AD3d at 631).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 16, 2012

CLERK

20121016

© 1992-2012 VersusLaw Inc.



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