Appellate Division of the Supreme Court of New York, 2004

Tun v. Aw

Appellate Division of the Supreme Court of New York · Decided September 13, 2004

10 A.D.3d 651; 782 N.Y.S.2d 96; 2004 N.Y. App. Div. LEXIS 10788

Cases that cite this one

47 later published cases cite this decision. The 25 that cite it most often are listed here.

Matter of DiNunzio v. Zylinski (Appellate Division of the Supreme Court of New York 2019)
In re Brittany C. (Appellate Division of the Supreme Court of New York 2009)
Matter of Lucinda A. (Luba A.) (Appellate Division of the Supreme Court of New York 2014)
BRITT, CARMEN v. BUFFALO MUNICIPAL HOUSING AUTHORITY (Appellate Division of the Supreme Court of New York 2013)
In re Angie N.W. (Appellate Division of the Supreme Court of New York 2013)
In re Angie N.W. (Appellate Division of the Supreme Court of New York 2013)
Britt v. Buffalo Municipal Housing Authority (Appellate Division of the Supreme Court of New York 2013)
Britt v. Buffalo Municipal Housing Authority (Appellate Division of the Supreme Court of New York 2013)
Branch v. Cole-Lacy (Appellate Division of the Supreme Court of New York 2012)
Branch v. Cole-Lacy (Appellate Division of the Supreme Court of New York 2012)
Branch v. Cole-Lacy (Appellate Division of the Supreme Court of New York 2011)
Atwater v. Mace (Appellate Division of the Supreme Court of New York 2007)
Matter of Crespo v. Wynn (Appellate Division of the Supreme Court of New York 2026)
Matter of Jayden M. (Carlos M.) (Appellate Division of the Supreme Court of New York 2025)
Matter of Castro v. Rios-Osorio (Appellate Division of the Supreme Court of New York 2025)
Matter of Kal-El F. (Damon H.) (Appellate Division of the Supreme Court of New York 2024)
Matter of Reardon v. Krause (Appellate Division of the Supreme Court of New York 2023)
Matter of Hanrahand v. Hanrahand (Appellate Division of the Supreme Court of New York 2023)
Matter of Rivera v. Diaz (Appellate Division of the Supreme Court of New York 2020)
Bottini v. Bottini (Appellate Division of the Supreme Court of New York 2018)
Park Lane North Owners, Inc. v. Gengo (Appellate Division of the Supreme Court of New York 2017)
Hawes v. Lewis (Appellate Division of the Supreme Court of New York 2015)
Biles v. Biles (Appellate Division of the Supreme Court of New York 2015)
Biles v. Biles (Appellate Division of the Supreme Court of New York 2015)
Matter of Martinez v. Ramos (Appellate Division of the Supreme Court of New York 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In a matrimonial action in which the parties were divorced by judgment entered July 28, 1997, the defendant appeals from an order of the Supreme Court, Richmond County (Ponterio, J.), dated March 27, 2003, entered upon his default in appearing at a hearing held following the denial of his request for an adjournment, which, inter alia, granted stated portions of the plaintiffs motion, among other things, for an award of child support and maintenance arrears.

Ordered that the appeal from the order is dismissed except insofar as it brings up for review the denial of the defendant’s request for an adjournment (see CPLR 5511; Katz v Katz, 68 AD2d 536 [1979]); and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the respondent.

At a hearing held on the plaintiffs motion, inter alia, for an award of child support and maintenance arrears, the defendant failed to appear and his attorney appeared for the limited purpose of requesting an adjournment. After an adjournment *652was denied, the defendant’s attorney repeatedly refused to further participate in the proceedings and sought permission to leave the courtroom. Thus, the relief awarded the plaintiff challenged on appeal was granted upon the defendant’s default. However, notwithstanding the prohibition set forth in CPLR 5511 against an appeal from an order or judgment entered upon the default of the appealing party, the appeal from the order brings up for review those “matters which were the subject of contest” before the Supreme Court, namely, the denial of the defendant’s request for an adjournment (James v Powell, 19 NY2d 249, 256 n 3 [1967]; see also Matter of Vidal v Mintzer, 309 AD2d 756 [2003]; Lewis v Lewis, 183 AD2d 875 [1992]; O’Donnell v O’Donnell, 172 AD2d 654 [1991]; Katz v Katz, 68 AD2d 536 [1979]). Here, the Supreme Court providently exercised its discretion in denying the defendant’s request for an adjournment (see Matter of Anthony M., 63 NY2d 270 [1984]; Matter of Kagno v Kagno, 296 AD2d 410 [2002]). Prudenti, P.J., Ritter, H. Miller and Adams, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.