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17 New York opinions name it 4 courts 1992–2025 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In re Eugene S.green2 sentences2009“Accordingly, pursuant to the statute, upon a motion by or on behalf of the respondent, or upon the court’s own motion, a new fact-finding or dispositional hearing may be granted, and any prior order may be stayed, modified, terminated or vacated upon a showing of a substantial change of circumstances” (Matter of Gerry B., 15 Misc 3d 1134[A] , 2007 NY Slip Op 50979[U], *9 [2007]; see Matter of Eugene S., 200 AD2d 574, 575 [1994]; Matter of Chaz H., 298 AD2d 983, 984 [2002]; Matter of Barry H., 309 AD2d 1147 [2003], lv denied 1 NY3d 503 [2003]; Matter of Eric S.D., 37 AD3d 1045, 1046 [2007]; Ma 2007Accordingly, pursuant to the statute, upon a motion by or on behalf of a respondent, or upon the court's own motion, a new fact-finding or dispositional hearing may be granted, and any prior order may be stayed, modified, terminated or vacated upon a showing of a substantial change of circumstances ( Matter of Eugene S. , 200 AD2d 574, 575; Matter of Chaz H. , 298 AD2d 983, 984 ; Matter of Barry H. , 309 AD2d 1147 , lv. denied 1 NY3d 503 ; Matter of Eric S.D. , 37 AD3d 1045, 1046 ; Matter of Gary B. , 12 Misc 3d 1151 (A), 2006 NY Slip Op 50852(U) ; Matter of Lavon R. , 13 Misc 3d 1237(A) , 200 | 3 | 4 |
In re Delfin A.green2 sentences2006This section and CPLR 5015 merely codify some of the principal grounds upon which the courts can exercise their inherent power to vacate, but do not set forth an exhaustive list or in any way limit this power. ( Matter of Delfin A. , 123 AD2d 318 [2d Dept 1986]; Family Ct Act § 164 [CPLR shall "apply to proceedings under this act to the extent that they are appropriate to the proceedings involved"].) Therefore, it would be proper for this court to also treat the motion brought by respondent as one brought under CPLR 5015 (a) (4) on the ground that the court which rendered the judgment or order 2006Family Court Act §355.1 is a codification of the Court's inherent authority to modify or vacate its prior orders ( Matter of Delfin A. , 123 AD2d 318, 320 ), and the statute "reflect[s] the court's continuing jurisdiction and interest in a juvenile delinquency proceeding" (Besharov and Sobie, Practice Commentaries, McKinney's Cons Laws of NY, Book 29A, Family Court Act §355.1, at 496). | 1 | 3 |
In re Eric S.D.green2 sentences2009“Accordingly, pursuant to the statute, upon a motion by or on behalf of the respondent, or upon the court’s own motion, a new fact-finding or dispositional hearing may be granted, and any prior order may be stayed, modified, terminated or vacated upon a showing of a substantial change of circumstances” (Matter of Gerry B., 15 Misc 3d 1134[A] , 2007 NY Slip Op 50979[U], *9 [2007]; see Matter of Eugene S., 200 AD2d 574, 575 [1994]; Matter of Chaz H., 298 AD2d 983, 984 [2002]; Matter of Barry H., 309 AD2d 1147 [2003], lv denied 1 NY3d 503 [2003]; Matter of Eric S.D., 37 AD3d 1045, 1046 [2007]; Ma 2007Accordingly, pursuant to the statute, upon a motion by or on behalf of a respondent, or upon the court's own motion, a new fact-finding or dispositional hearing may be granted, and any prior order may be stayed, modified, terminated or vacated upon a showing of a substantial change of circumstances ( Matter of Eugene S. , 200 AD2d 574, 575; Matter of Chaz H. , 298 AD2d 983, 984 ; Matter of Barry H. , 309 AD2d 1147 , lv. denied 1 NY3d 503 ; Matter of Eric S.D. , 37 AD3d 1045, 1046 ; Matter of Gary B. , 12 Misc 3d 1151 (A), 2006 NY Slip Op 50852(U) ; Matter of Lavon R. , 13 Misc 3d 1237(A) , 200 | 1 | 2 |
In re Chaz H.green2 sentences2009“Accordingly, pursuant to the statute, upon a motion by or on behalf of the respondent, or upon the court’s own motion, a new fact-finding or dispositional hearing may be granted, and any prior order may be stayed, modified, terminated or vacated upon a showing of a substantial change of circumstances” (Matter of Gerry B., 15 Misc 3d 1134[A] , 2007 NY Slip Op 50979[U], *9 [2007]; see Matter of Eugene S., 200 AD2d 574, 575 [1994]; Matter of Chaz H., 298 AD2d 983, 984 [2002]; Matter of Barry H., 309 AD2d 1147 [2003], lv denied 1 NY3d 503 [2003]; Matter of Eric S.D., 37 AD3d 1045, 1046 [2007]; Ma 2007Accordingly, pursuant to the statute, upon a motion by or on behalf of a respondent, or upon the court's own motion, a new fact-finding or dispositional hearing may be granted, and any prior order may be stayed, modified, terminated or vacated upon a showing of a substantial change of circumstances ( Matter of Eugene S. , 200 AD2d 574, 575; Matter of Chaz H. , 298 AD2d 983, 984 ; Matter of Barry H. , 309 AD2d 1147 , lv. denied 1 NY3d 503 ; Matter of Eric S.D. , 37 AD3d 1045, 1046 ; Matter of Gary B. , 12 Misc 3d 1151 (A), 2006 NY Slip Op 50852(U) ; Matter of Lavon R. , 13 Misc 3d 1237(A) , 200 | 1 | 2 |
Matter of Myasia QQ.green1 sentence2025"To be sure, a respondent's failure to appear at a fact-finding or dispositional hearing does not automatically result in a default, as where counsel appears, explains a client's absence, objects to a finding of default, and actively participates by cross-examining witnesses, offering proof or making motions or arguments" ( Matter of Myasia QQ. [Mahalia QQ.] , 133 AD3d 1055, 1056 [3d Dept 2015] [internal quotation marks and citations omitted]). | 1 | 1 |
In re N. Fania D.green1 sentence2015“To be sure, a respondent’s failure to appear at a fact-finding or dispositional hearing does not automatically result in a default,” as where counsel appears, explains a client’s absence, objects to a finding of default, and actively participates by cross-examining witnesses, offering proof or making motions or arguments (Matter of Semonae YY., 239 AD2d 716, 716 [1997]; see Matter of N. [Fania D.-Alice T.], 108 AD3d 551 , 552 [2013]; Matter of Corey UU. [Donna UU.], 85 AD3d 1255 , 1256 n 1 [2011], lv denied 17 NY3d 708 [2011]). | 1 | 1 |
In re Semonae YY.green1 sentence2015“To be sure, a respondent’s failure to appear at a fact-finding or dispositional hearing does not automatically result in a default,” as where counsel appears, explains a client’s absence, objects to a finding of default, and actively participates by cross-examining witnesses, offering proof or making motions or arguments (Matter of Semonae YY., 239 AD2d 716, 716 [1997]; see Matter of N. [Fania D.-Alice T.], 108 AD3d 551 , 552 [2013]; Matter of Corey UU. [Donna UU.], 85 AD3d 1255 , 1256 n 1 [2011], lv denied 17 NY3d 708 [2011]). | 1 | 1 |
In re David W.green1 sentence2015The right to be present at a fact-finding or dispositional hearing is not absolute (see Matter of Ramon David W., 290 AD2d 357, 357 [1st Dept 2002]), and the court properly determined that the mother’s credibility would be difficult to determine via telephone. | 1 | 1 |
In re Male J.green1 sentence2010To vacate an order, issued on default, upon failure to appear at either a fact-finding or dispositional hearing, the movant on such a motion must establish both a reasonable excuse for the default and a meritorious defense to the allegations asserted (id. at 404; Matter of Calvin S., 47 AD3d 491 [2008]; Matter of Kristen Simone V., 30 AD3d 174, 174-175 [2006]; Matter of Ashley Marie M., 287 AD2d 333, 333 [2001]; Matter of Derrick T., 261 AD2d 108, 109 [1999]; Matter of Danielle R., 239 AD2d 305, 305 [1997]; Matter of Male J., 214 AD2d 417, 417 [1995]). | 1 | 1 |
In re Kristen Simone V.green1 sentence2010To vacate an order, issued on default, upon failure to appear at either a fact-finding or dispositional hearing, the movant on such a motion must establish both a reasonable excuse for the default and a meritorious defense to the allegations asserted (id. at 404; Matter of Calvin S., 47 AD3d 491 [2008]; Matter of Kristen Simone V., 30 AD3d 174, 174-175 [2006]; Matter of Ashley Marie M., 287 AD2d 333, 333 [2001]; Matter of Derrick T., 261 AD2d 108, 109 [1999]; Matter of Danielle R., 239 AD2d 305, 305 [1997]; Matter of Male J., 214 AD2d 417, 417 [1995]). | 1 | 1 |
In re Danielle R.green1 sentence2010To vacate an order, issued on default, upon failure to appear at either a fact-finding or dispositional hearing, the movant on such a motion must establish both a reasonable excuse for the default and a meritorious defense to the allegations asserted (id. at 404; Matter of Calvin S., 47 AD3d 491 [2008]; Matter of Kristen Simone V., 30 AD3d 174, 174-175 [2006]; Matter of Ashley Marie M., 287 AD2d 333, 333 [2001]; Matter of Derrick T., 261 AD2d 108, 109 [1999]; Matter of Danielle R., 239 AD2d 305, 305 [1997]; Matter of Male J., 214 AD2d 417, 417 [1995]). | 1 | 1 |
People ex rel. Cross v. New York State Division of Parolegreen1 sentence2010To vacate an order, issued on default, upon failure to appear at either a fact-finding or dispositional hearing, the movant on such a motion must establish both a reasonable excuse for the default and a meritorious defense to the allegations asserted (id. at 404; Matter of Calvin S., 47 AD3d 491 [2008]; Matter of Kristen Simone V., 30 AD3d 174, 174-175 [2006]; Matter of Ashley Marie M., 287 AD2d 333, 333 [2001]; Matter of Derrick T., 261 AD2d 108, 109 [1999]; Matter of Danielle R., 239 AD2d 305, 305 [1997]; Matter of Male J., 214 AD2d 417, 417 [1995]). | 1 | 1 |
In re Ashley Marie M.green1 sentence2010To vacate an order, issued on default, upon failure to appear at either a fact-finding or dispositional hearing, the movant on such a motion must establish both a reasonable excuse for the default and a meritorious defense to the allegations asserted (id. at 404; Matter of Calvin S., 47 AD3d 491 [2008]; Matter of Kristen Simone V., 30 AD3d 174, 174-175 [2006]; Matter of Ashley Marie M., 287 AD2d 333, 333 [2001]; Matter of Derrick T., 261 AD2d 108, 109 [1999]; Matter of Danielle R., 239 AD2d 305, 305 [1997]; Matter of Male J., 214 AD2d 417, 417 [1995]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Yorimar K.-M.
neutral
2 sentences2009“Accordingly, pursuant to the statute, upon a motion by or on behalf of the respondent, or upon the court’s own motion, a new fact-finding or dispositional hearing may be granted, and any prior order may be stayed, modified, terminated or vacated upon a showing of a substantial change of circumstances” (Matter of Gerry B., 15 Misc 3d 1134[A] , 2007 NY Slip Op 50979[U], *9 [2007]; see Matter of Eugene S., 200 AD2d 574, 575 [1994]; Matter of Chaz H., 298 AD2d 983, 984 [2002]; Matter of Barry H., 309 AD2d 1147 [2003], lv denied 1 NY3d 503 [2003]; Matter of Eric S.D., 37 AD3d 1045, 1046 [2007]; Ma 2007Accordingly, pursuant to the statute, upon a motion by or on behalf of a respondent, or upon the court's own motion, a new fact-finding or dispositional hearing may be granted, and any prior order may be stayed, modified, terminated or vacated upon a showing of a substantial change of circumstances ( Matter of Eugene S. , 200 AD2d 574, 575; Matter of Chaz H. , 298 AD2d 983, 984 ; Matter of Barry H. , 309 AD2d 1147 , lv. denied 1 NY3d 503 ; Matter of Eric S.D. , 37 AD3d 1045, 1046 ; Matter of Gary B. , 12 Misc 3d 1151 (A), 2006 NY Slip Op 50852(U) ; Matter of Lavon R. , 13 Misc 3d 1237(A) , 200 | 3 | 2006–2009 |
In re Lorenzo A.
neutral
2 sentences2012The parties are in agreement that it is not unusual for Family Court to use section 355.1 (1) motions, rather than the procedures prescribed by section 360.1 et seq., to address VOPs (see Matter of Shatique B., 70 AD3d 1036 [2d Dept 2010]; Matter of Lorenzo A., 59 AD3d 441 [2d Dept 2009]). 10 Given that the question of the propriety of this practice is squarely presented by this appeal—and, in this regard, the procedural and substantive requirements of sections 355.1 and 355.2 become relevant only if the section 355.1 (1) motion was authorized in the first place—we choose to address the more f 2012The parties are in agreement that it is not unusual for Family Court to use section 355.1 (1) motions, rather than the procedures prescribed by section 360.1 et seq., to address VOPs (see Matter of Shatique B., 70 AD3d 1036 [2d Dept 2010]; Matter of Lorenzo A., 59 AD3d 441 [2d Dept 2009]). 10 Given that the question of the propriety of this practice is squarely presented by this appeal—and, in this regard, the procedural and substantive requirements of sections 355.1 and 355.2 become relevant only if the section 355.1 (1) motion was authorized in the first place—we choose to address the more f | 2 | 2012–2012 |
In re Shatique B.
green
2 sentences2012The parties are in agreement that it is not unusual for Family Court to use section 355.1 (1) motions, rather than the procedures prescribed by section 360.1 et seq., to address VOPs (see Matter of Shatique B., 70 AD3d 1036 [2d Dept 2010]; Matter of Lorenzo A., 59 AD3d 441 [2d Dept 2009]). 10 Given that the question of the propriety of this practice is squarely presented by this appeal—and, in this regard, the procedural and substantive requirements of sections 355.1 and 355.2 become relevant only if the section 355.1 (1) motion was authorized in the first place—we choose to address the more f 2012The parties are in agreement that it is not unusual for Family Court to use section 355.1 (1) motions, rather than the procedures prescribed by section 360.1 et seq., to address VOPs (see Matter of Shatique B., 70 AD3d 1036 [2d Dept 2010]; Matter of Lorenzo A., 59 AD3d 441 [2d Dept 2009]). 10 Given that the question of the propriety of this practice is squarely presented by this appeal—and, in this regard, the procedural and substantive requirements of sections 355.1 and 355.2 become relevant only if the section 355.1 (1) motion was authorized in the first place—we choose to address the more f | 2 | 2012–2012 |
Matter of Corey Uu.
green
1 sentence2015“To be sure, a respondent’s failure to appear at a fact-finding or dispositional hearing does not automatically result in a default,” as where counsel appears, explains a client’s absence, objects to a finding of default, and actively participates by cross-examining witnesses, offering proof or making motions or arguments (Matter of Semonae YY., 239 AD2d 716, 716 [1997]; see Matter of N. [Fania D.-Alice T.], 108 AD3d 551 , 552 [2013]; Matter of Corey UU. [Donna UU.], 85 AD3d 1255 , 1256 n 1 [2011], lv denied 17 NY3d 708 [2011]). | 1 | 2015–2015 |
In re Corey UU.
green
1 sentence2015“To be sure, a respondent’s failure to appear at a fact-finding or dispositional hearing does not automatically result in a default,” as where counsel appears, explains a client’s absence, objects to a finding of default, and actively participates by cross-examining witnesses, offering proof or making motions or arguments (Matter of Semonae YY., 239 AD2d 716, 716 [1997]; see Matter of N. [Fania D.-Alice T.], 108 AD3d 551 , 552 [2013]; Matter of Corey UU. [Donna UU.], 85 AD3d 1255 , 1256 n 1 [2011], lv denied 17 NY3d 708 [2011]). | 1 | 2015–2015 |
In re Gloria Marie S.
green
1 sentence2012Respondent’s purported excuse of illness was properly rejected since she failed to provide any documentation to substantiate her claim, and did not explain why she was unable to contact either the court or her attorney regarding her inability to attend the hearings of which she had notice (see Matter of Gloria Marie S., 55 AD3d 320 [2008], lv dismissed 11 NY3d 909 [2009]). | 1 | 2012–2012 |
In re Nicole A.
green
1 sentence2012To vacate a Family Court’s order issued on default, upon failure to appear at either a fact-finding or dispositional hearing, the movant must establish both a reasonable excuse for the default and a meritorious defense to the allegations asserted (see CPLR 5015 [a] [1]; Matter of Amirah Nicole A. [Tamika R.], 73 AD3d 428 [2010], lv dismissed 15 NY3d 766 [2010]). | 1 | 2012–2012 |
Golden Gate Yacht Club v. Société Nautique De Genève
neutral
1 sentence2012Respondent’s purported excuse of illness was properly rejected since she failed to provide any documentation to substantiate her claim, and did not explain why she was unable to contact either the court or her attorney regarding her inability to attend the hearings of which she had notice (see Matter of Gloria Marie S., 55 AD3d 320 [2008], lv dismissed 11 NY3d 909 [2009]). | 1 | 2012–2012 |
In re Amirah
green
1 sentence2012To vacate a Family Court’s order issued on default, upon failure to appear at either a fact-finding or dispositional hearing, the movant must establish both a reasonable excuse for the default and a meritorious defense to the allegations asserted (see CPLR 5015 [a] [1]; Matter of Amirah Nicole A. [Tamika R.], 73 AD3d 428 [2010], lv dismissed 15 NY3d 766 [2010]). | 1 | 2012–2012 |
Yoba v. Yoba
green
1 sentence2010No basis exists to disturb Family Court’s findings of credibility (see Yoba v Yoba, 183 AD2d 418 [1992]). | 1 | 2010–2010 |
In re Calvin S.
green
1 sentence2010To vacate an order, issued on default, upon failure to appear at either a fact-finding or dispositional hearing, the movant on such a motion must establish both a reasonable excuse for the default and a meritorious defense to the allegations asserted (id. at 404; Matter of Calvin S., 47 AD3d 491 [2008]; Matter of Kristen Simone V., 30 AD3d 174, 174-175 [2006]; Matter of Ashley Marie M., 287 AD2d 333, 333 [2001]; Matter of Derrick T., 261 AD2d 108, 109 [1999]; Matter of Danielle R., 239 AD2d 305, 305 [1997]; Matter of Male J., 214 AD2d 417, 417 [1995]). | 1 | 2010–2010 |
In re Jonathan C.
neutral
1 sentence2009“Accordingly, pursuant to the statute, upon a motion by or on behalf of the respondent, or upon the court’s own motion, a new fact-finding or dispositional hearing may be granted, and any prior order may be stayed, modified, terminated or vacated upon a showing of a substantial change of circumstances” (Matter of Gerry B., 15 Misc 3d 1134[A] , 2007 NY Slip Op 50979[U], *9 [2007]; see Matter of Eugene S., 200 AD2d 574, 575 [1994]; Matter of Chaz H., 298 AD2d 983, 984 [2002]; Matter of Barry H., 309 AD2d 1147 [2003], lv denied 1 NY3d 503 [2003]; Matter of Eric S.D., 37 AD3d 1045, 1046 [2007]; Ma | 1 | 2009–2009 |
In re Joshua B.
green
1 sentence2006Thus, pursuant to the authority granted by the statute, the Court may grant a new fact-finding or dispositional hearing or it may vacate or modify any order issued during the proceeding ( Matter of Eugene S. , 200 AD2d 574, 575 ; Matter of Barry H. , 300 AD2d 1147 , lv. denied 1 NY3d 503 ). | 1 | 2006–2006 |
Eames v. Eames
green
1 sentence2003The petitioner should have been given the opportunity to prove the alleged family offenses and aggravating circumstances which, if established, would have entitled her to a three-year order of protection against her husband (see Family Ct Act § 842; Matter of V.C. v H.C., 257 AD2d 27 [1999]; Matter of Eames v Eames, 147 AD2d 696 [1989]). | 1 | 2003–2003 |
V.C. v. H.C.
green
1 sentence2003The petitioner should have been given the opportunity to prove the alleged family offenses and aggravating circumstances which, if established, would have entitled her to a three-year order of protection against her husband (see Family Ct Act § 842; Matter of V.C. v H.C., 257 AD2d 27 [1999]; Matter of Eames v Eames, 147 AD2d 696 [1989]). | 1 | 2003–2003 |
In re Cecelia A.
green
1 sentence1997Indeed, this Court has declined to find a default where a non-appearing respondent is represented by counsel who, in turn, cross-examines the petitioner’s witnesses or makes motions or oifers proof on the respondent’s behalf (see, e.g., Matter of Jennifer DD., 227 AD2d 675, 676 ; Matter of Cecelia A., 199 AD2d 582, 583 ). | 1 | 1997–1997 |
In re Jennifer DD.
green
1 sentence1997Indeed, this Court has declined to find a default where a non-appearing respondent is represented by counsel who, in turn, cross-examines the petitioner’s witnesses or makes motions or oifers proof on the respondent’s behalf (see, e.g., Matter of Jennifer DD., 227 AD2d 675, 676 ; Matter of Cecelia A., 199 AD2d 582, 583 ). | 1 | 1997–1997 |
| In re William EE. green | 1 | 1993–1993 |
| Cygielman v. Cygielman green | 1 | 1992–1992 |
| Grober v. Busigo neutral | 1 | 1992–1992 |
| People v. Jackson green | 1 | 1992–1992 |