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In re Burnham

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 2011
86 A.D.3d 537 (N.Y. App. Div. 2011)

Opinion

Nos. 2010-12046, (Docket Nos. V-603/08, V-604/08, V-605/08, V-606/08).

July 5, 2011.

In related visitation proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Putnam County (Rooney, J.), entered September 30, 2010, which denied his motion to "dismiss[] both branches of [the mother's] motion to renew and for attorney fees."

John Burnham, Saugerties, N.Y., appellant pro se.

Victor G. Grossman, Carmel, N.Y., for respondent.

Before: Skelos, J.P., Balkin, Leventhal and Lott, JJ.


Ordered that the order is affirmed, with costs.

The father moved to dismiss the mother's motion pursuant to CPLR 2221 to renew her prior motion and for an award of an attorney's fee. The Family Court properly denied the father's motion, because a motion to dismiss pursuant to CPLR 3211 may be directed only against a cause of action or a defense, not a motion ( see CPLR 3211 [a], [b]). Here, the proper response to the mother's motion would have been to submit opposition papers ( see CPLR 2214 [b]).


Summaries of

In re Burnham

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 2011
86 A.D.3d 537 (N.Y. App. Div. 2011)
Case details for

In re Burnham

Case Details

Full title:In the Matter of JOHN BURNHAM, Appellant, v. LISA BRENNA, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 5, 2011

Citations

86 A.D.3d 537 (N.Y. App. Div. 2011)
926 N.Y.S.2d 326