Biles v. Biles, 145 A.D.3d 1650 (N.Y. App. Div. 2016). · Go Syfert
Biles v. Biles, 145 A.D.3d 1650 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Riley v. State of New York (nyappdiv, 2024-03-22)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Riley v. State of New York
N.Y. App. Div. · 2024 · confidence medium
It is well settled that the law of the case doctrine "applies only to legal determinations that were necessarily resolved on the merits in a prior decision" ( Pettit v County of Lewis , 145 AD3d 1650, 1651 [4th Dept 2016] [internal quotation marks omitted]), and that a court's order denying a motion to dismiss is "addressed to the sufficiency of the pleadings" and does not "establish the law of the case for the purpose of" motions for summary judgment ( Dischiavi v Calli , 111 AD3d 1258, 1261 [4th Dept 2013] [internal quotation marks omitted]).
discussed Cited as authority (rule) Matter of Kirsch v. Board of Educ. of Williamsville Cent. Sch. Dist.
N.Y. App. Div. · 2020 · confidence medium
Respondents' related contention that the law of the case doctrine precludes the court from granting attorney's fees and other litigation costs to petitioners also lacks merit. "[T]he doctrine applies only to legal determinations that were necessarily resolved on the merits in a prior decision," and that is not the case here ( Pettit v County of Lewis , 145 AD3d 1650, 1651 [4th Dept 2016] [internal quotation marks omitted]).
cited Cited "see" Iskalo Elec. Tower LLC v. Stantec Consulting Servs., Inc.
N.Y. App. Div. · 2023 · signal: see · confidence high
Dist. , 184 AD3d 1085, 1086 [4th Dept 2020], lv dismissed 36 NY3d 1081 [2021] [internal quotation marks omitted]; see Pettit v County of Lewis , 145 AD3d 1650 , 1651 [4th Dept 2016]).
Retrieving the full opinion text from the archive…
In the Matter of Cinia E. Biles
v.
Michael S. Biles
Appellate Division of the Supreme Court of the State of New York.
Dec 23, 2016.
145 A.D.3d 1650
Centra, Dejoseph, Lindley, Scudder, Whalen.
Published

Appeal from an order of the Family Court, Oneida County (Randal B. Caldwell, J.), entered August 26, 2014 in a proceeding pursuant to Family Court Act article 6. The order granted sole custody of the children to petitioner and supervised visitation to respondent.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent father appeals from an order that, inter alia, awarded sole custody of the subject children to petitioner mother. We reject the father’s contention that Family Court abused its discretion in denying his request to adjourn the evidentiary hearing. It is well settled that “[t]he grant or denial of a motion for ‘an adjournment for any purpose is a matter resting within the sound discretion of the trial court’ ” (Matter of Steven B., 6 NY3d 888, 889 [2006], quoting Matter of Anthony M., 63 NY2d 270, 283 [1984]). Here, the father had not appeared at the pretrial conference or the date scheduled for a hearing, and the medical excuse that the father sent to the court was vague and failed to show why he was unable to attend the hearing (see Matter of Sanaia L. [Corey W.], 75 AD3d 554, 554-555 [2010]; Matter of Holmes v Glover, 68 AD3d 868, 869 [2009]). We therefore conclude that the court did not abuse its discretion in denying the father’s request for an adjournment and proceeding with the hearing in his absence (see Matter of La’Derrick J.W. [Ashley W.], 85 AD3d 1600, 1602 [2011], lv denied 17 NY3d 709 [2011]).

Present—Whalen, P.J., Centra, Lindley, DeJoseph and Scudder, JJ.