Matter of Moses v. Sumner

Full title: In the Matter of RONALD MOSES, Respondent, v. KATHLEEN SUMNER, Appellant

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

Date published: Jul 3, 1997

241 A.D.2d 948 (N.Y. App. Div. 1997)

663 N.Y.S.2d 1020

Opinion

July 3, 1997

Present — Pine, J. P., Lawton, Callahan, Boehm and Fallon, JJ.

Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Gilbert, J.). We add only that the record does not support the contention of respondent that the file of Family Court was not transferred to Supreme Court when the case was transferred pursuant to a "Family Court Action Plan". Because, however, the order on appeal is a Supreme Court order, it was improperly filed in Family Court and must be refiled in Supreme Court, Herkimer County (see, Matter of Dorie v. Hyde, 227 A.D.2d 915). (Appeal from Order of Supreme Court, Herkimer County, Gilbert, J. — Custody.)