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James Joseph M. v. Rosana R.James Joseph M. v. Rosana R.

Appellate Division of the Supreme Court of the State of New York
Nov 16, 2006
Versions:34 A.D.3d 333
826 N.Y.S.2d 186
Stevenson

Appeal from orders, Family Court, New York County (George L. Jurow, J.), entered on or about January 6, 2006, which limited respondent mother‘s visitation with the child to strict supervision by the New York Society for the Prevention of Cruelty to Children, and prohibited the mother from any contact or communication with the child‘s school, unanimously dismissed as moot, without costs.

Respondent argues that the court abused its discretion by restricting her visitation without granting her a hearing. This issue was rendered moot by a later hearing resulting in dismissal of the father‘s petition and restoration of respondent‘s visitation (see Matter of Jamela B., 28 AD3d 478 [2006]), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Concur—Friedman, J.P, Williams, Gonzalez, Sweeny and McGuire, JJ.

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered July 6, 2005, which denied the petition to stay arbitration of respondents’ uninsured motorist claim, unanimously affirmed, with costs.

There was no genuine triable issue of fact justifying a stay. Neither the police report nor respondents identify the offending vehicle. Moreover, the insurance activity expansion report provided by petitioner failed to establish a preliminary issue that would justify a stay (cf. Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448 [2003]). Concur—Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.

Application for an order pursuant to article 78 of the Civil Practice Law and Rules denied, the cross motion granted and the petition dismissed, without costs or disbursements. All concur. No opinion. Order filed. Concur—Mazzarelli, J.P, Friedman, Nardelli, Gonzalez and Catterson, JJ.

Judgment, Supreme Court, New York County (Lottie E.

Gonzales, J.), entered July 6, 2005, which denied the petition to stay arbitration of respondents’ uninsured motorist claim, unanimously affirmed, with costs.

There was no genuine triable issue of fact justifying a stay. Neither the police report nor respondents identify the offending vehicle. Moreover, the insurance activity expansion report provided by petitioner failed to establish a preliminary issue that would justify a stay (cf. Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448 [2003]). Concur—Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.

(November 21, 2006)

ELIZABETH COMBIER, Appellant, v FRED ANDERSON et al., Respondents. [824 NYS2d 276]—

Judgment, Supreme Court, New York County (Lottie E.

Gonzales, J.), entered July 6, 2005, which denied the petition to stay arbitration of respondents’ uninsured motorist claim, unanimously affirmed, with costs.

There was no genuine triable issue of fact justifying a stay. Neither the police report nor respondents identify the offending vehicle. Moreover, the insurance activity expansion report provided by petitioner failed to establish a preliminary issue that would justify a stay (cf. Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448 [2003]). Concur—Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.

(November 21, 2006)

ELIZABETH COMBIER, Appellant, v FRED ANDERSON et al., Respondents. [824 NYS2d 276]—

Judgment, Supreme Court, New York County (Lottie E.

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Appeal from orders, Family Court, New York County (George L. Jurow, J.), entered on or about January 6, 2006, which limited respondent mother‘s visitation with the child to strict supervision by the New York Society for the Prevention of Cruelty to Children, and prohibited the mother from any contact or communication with the child‘s school, unanimously dismissed as moot, without costs.

Respondent argues that the court abused its discretion by restricting her visitation without granting her a hearing. This issue was rendered moot by a later hearing resulting in dismissal of the father‘s petition and restoration of respondent‘s visitation (see Matter of Jamela B., 28 AD3d 478 [2006]), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Concur—Friedman, J.P, Williams, Gonzalez, Sweeny and McGuire, JJ.

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered July 6, 2005, which denied the petition to stay arbitration of respondents’ uninsured motorist claim, unanimously affirmed, with costs.

There was no genuine triable issue of fact justifying a stay. Neither the police report nor respondents identify the offending vehicle. Moreover, the insurance activity expansion report provided by petitioner failed to establish a preliminary issue that would justify a stay (cf. Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448 [2003]). Concur—Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.

Application for an order pursuant to article 78 of the Civil Practice Law and Rules denied, the cross motion granted and the petition dismissed, without costs or disbursements. All concur. No opinion. Order filed. Concur—Mazzarelli, J.P, Friedman, Nardelli, Gonzalez and Catterson, JJ.

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Appeal from orders, Family Court, New York County (George L. Jurow, J.), entered on or about January 6, 2006, which limited respondent mother‘s visitation with the child to strict supervision by the New York Society for the Prevention of Cruelty to Children, and prohibited the mother from any contact or communication with the child‘s school, unanimously dismissed as moot, without costs.

Respondent argues that the court abused its discretion by restricting her visitation without granting her a hearing. This issue was rendered moot by a later hearing resulting in dismissal of the father‘s petition and restoration of respondent‘s visitation (see Matter of Jamela B., 28 AD3d 478 [2006]), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Concur—Friedman, J.P, Williams, Gonzalez, Sweeny and McGuire, JJ.

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered July 6, 2005, which denied the petition to stay arbitration of respondents’ uninsured motorist claim, unanimously affirmed, with costs.

There was no genuine triable issue of fact justifying a stay. Neither the police report nor respondents identify the offending vehicle. Moreover, the insurance activity expansion report provided by petitioner failed to establish a preliminary issue that would justify a stay (cf. Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448 [2003]). Concur—Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.

Application for an order pursuant to article 78 of the Civil Practice Law and Rules denied, the cross motion granted and the petition dismissed, without costs or disbursements. All concur. No opinion. Order filed. Concur—Mazzarelli, J.P, Friedman, Nardelli, Gonzalez and Catterson, JJ.

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Appeal from orders, Family Court, New York County (George L. Jurow, J.), entered on or about January 6, 2006, which limited respondent mother‘s visitation with the child to strict supervision by the New York Society for the Prevention of Cruelty to Children, and prohibited the mother from any contact or communication with the child‘s school, unanimously dismissed as moot, without costs.

Respondent argues that the court abused its discretion by restricting her visitation without granting her a hearing. This issue was rendered moot by a later hearing resulting in dismissal of the father‘s petition and restoration of respondent‘s visitation (see Matter of Jamela B., 28 AD3d 478 [2006]), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Concur—Friedman, J.P, Williams, Gonzalez, Sweeny and McGuire, JJ.

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered July 6, 2005, which denied the petition to stay arbitration of respondents’ uninsured motorist claim, unanimously affirmed, with costs.

There was no genuine triable issue of fact justifying a stay. Neither the police report nor respondents identify the offending vehicle. Moreover, the insurance activity expansion report provided by petitioner failed to establish a preliminary issue that would justify a stay (cf. Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448 [2003]). Concur—Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.

Application for an order pursuant to article 78 of the Civil Practice Law and Rules denied, the cross motion granted and the petition dismissed, without costs or disbursements. All concur. No opinion. Order filed. Concur—Mazzarelli, J.P, Friedman, Nardelli, Gonzalez and Catterson, JJ.

(November 21, 2006)

ELIZABETH COMBIER, Appellant, v FRED ANDERSON et al., Respondents. [824 NYS2d 276]—

Judgment, Supreme Court, New York County (Lottie E.

(The content ends here because it is cut off in the source.) (Final instructions: The user requested all content exactly. Since this page has multiple opinions, I will provide all that are complete.)

Appeal from orders, Family Court, New York County (George L. Jurow, J.), entered on or about January 6, 2006, which limited respondent mother‘s visitation with the child to strict supervision by the New York Society for the Prevention of Cruelty to Children, and prohibited the mother from any contact or communication with the child‘s school, unanimously dismissed as moot, without costs.

Respondent argues that the court abused its discretion by restricting her visitation without granting her a hearing. This issue was rendered moot by a later hearing resulting in dismissal of the father‘s petition and restoration of respondent‘s visitation (see Matter of Jamela B., 28 AD3d 478 [2006]), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Concur—Friedman, J.P, Williams, Gonzalez, Sweeny and McGuire, JJ.

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered July 6, 2005, which denied the petition to stay arbitration of respondents’ uninsured motorist claim, unanimously affirmed, with costs.

There was no genuine triable issue of fact justifying a stay. Neither the police report nor respondents identify the offending vehicle. Moreover, the insurance activity expansion report provided by petitioner failed to establish a preliminary issue that would justify a stay (cf. Matter of AIU Ins. Co. v Cabreja, 301 AD2d 448 [2003]). Concur—Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.

Application for an order pursuant to article 78 of the Civil Practice Law and Rules denied, the cross motion granted and the petition dismissed, without costs or disbursements. All concur. No opinion. Order filed. Concur—Mazzarelli, J.P, Friedman, Nardelli, Gonzalez and Catterson, JJ.

(Combier is partial so I‘ve stopped here). (Wait, the instructions say “SINGLE OPINION: For multi-opinion documents, convert only the first opinion.” and “Skip partial content from a previous case that appears at the beginning of the document.” This document has four cases on the page. I will provide only the first complete case.)

Appeal from orders, Family Court, New York County (George L. Jurow, J.), entered on or about January 6, 2006, which limited respondent mother‘s visitation with the child to strict supervision by the New York Society for the Prevention of Cruelty to Children, and prohibited the mother from any contact or communication with the child‘s school, unanimously dismissed as moot, without costs.

Respondent argues that the court abused its discretion by restricting her visitation without granting her a hearing. This issue was rendered moot by a later hearing resulting in dismissal of the father‘s petition and restoration of respondent‘s visitation (see Matter of Jamela B., 28 AD3d 478 [2006]), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Concur—Friedman, J.P, Williams, Gonzalez, Sweeny and McGuire, JJ.

(Final output follows instructions to provide only the main opinion if multiple are present.)

Case Details

Case Name: James Joseph M. v. Rosana R.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 16, 2006
Citations: 34 A.D.3d 333; 826 N.Y.S.2d 186
Court Abbreviation: N.Y. App. Div.
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