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Matter of Guidroz v. Bochenski

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1991
170 A.D.2d 1042 (N.Y. App. Div. 1991)

Opinion

February 1, 1991

Present — Callahan, J.P., Boomer, Pine, Balio and Lawton, JJ. (Order entered Jan. 17, 1991.)


Motion for a stay granted to the extent that the order of Supreme Court is vacated pursuant to CPLR 5704 (a) and appeal is dismissed; cross motion to vacate temporary stay denied. Memorandum: Supreme Court erroneously vacated a Family Court order which had granted temporary custody to respondents. A motion that attempts to affect an order validly issued must be directed to the Judge who issues it (see, CPLR 2221). Since the Family Court is in this instance a court of coordinate jurisdiction pursuant to Family Court Act § 651, Supreme Court had no authority to grant an ex parte order vacating a validly issued temporary order of custody (see, CPLR 2221 [a] [2]; see also, Alberts v Alberts, 168 A.D.2d 1004). Thus, the Supreme Court order is vacated (see, CPLR 5704 [a]).


Summaries of

Matter of Guidroz v. Bochenski

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1991
170 A.D.2d 1042 (N.Y. App. Div. 1991)
Case details for

Matter of Guidroz v. Bochenski

Case Details

Full title:In the Matter of RAYMOND GUIDROZ, Petitioner, v. HATTIE BOCHENSKI et al.…

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

Date published: Feb 1, 1991

Citations

170 A.D.2d 1042 (N.Y. App. Div. 1991)