Appellate Division of the Supreme Court of New York, 2012

Nyree S. v. Gregory C.

Appellate Division of the Supreme Court of New York · Decided October 16, 2012

99 A.D.3d 561; 951 N.Y.2d 874

Cases that cite this one

7 later published cases cite this decision.

Matter of Rachel QQ. v. Jaime QQ. (Appellate Division of the Supreme Court of New York 2026)
Matter of R.B. v. I.S. (Richmond Family Court 2024)
Matter of R.B. v. I.S. (Richmond Family Court 2024)
Matter of Smith v. Bullock (Appellate Division of the Supreme Court of New York 2022)
Matter of Jenny F. v. Felix C. (Appellate Division of the Supreme Court of New York 2014)
Mayer v. Vilar (Appellate Division of the Supreme Court of New York 2014)
Mayer v. Vilar (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

*562The 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). Concur— Tom, J.E, Mazzarelli, Andrias, DeGrasse and Román, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.