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Matter of Gambler v. Ellwanger

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 504 (N.Y. App. Div. 1996)

Opinion

June 10, 1996

Appeal from the Family Court, Suffolk County (Pach, J.).


Ordered that the order is affirmed, without costs or disbursements.

At the hearing on the petitioner's application for an order of protection, the appellant requested an adjournment of at least five weeks in order to produce alibi witnesses, but failed to offer any explanation as to why the witnesses would not be available at an earlier date. Under the circumstances, we find no improvident exercise of the Family Court's discretion in denying the appellant's request (see, People v. Foy, 32 N.Y.2d 473, 478; People v. McQuilkin, 213 A.D.2d 680; People v. Meaney, 154 A.D.2d 555). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

Matter of Gambler v. Ellwanger

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 504 (N.Y. App. Div. 1996)
Case details for

Matter of Gambler v. Ellwanger

Case Details

Full title:In the Matter of KATHRYN GAMBLER, Respondent, v. ELLEN ELLWANGER, Appellant

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

Date published: Jun 10, 1996

Citations

228 A.D.2d 504 (N.Y. App. Div. 1996)
643 N.Y.S.2d 1014