WAITED SOME THREE YEARS AFTER THE NOTICE OF APPEAL
On January 22, 2020, the Bronx County Family Court issued an order which permitted the mother to relocate to North Carolina with his child. On February 19, 2020, a notice of appeal was filed by the father, but his appeal wasn’t perfected until November 2, 2023, some three years later.
When the case got before the Appellate Division, First Department, it noted that the court’s rules provided that if an appeal was not perfected “within six months of the date of the notice of appeal ... the matter shall be deemed dismissed without further order.”
Since he waited too long (and also didn’t seek to vacate the automatic dismissal), the AD1 was of the view the appeal couldn't be considered given his “failure to timely perfect.”
Interestingly, the court noted that, on its review of the record, the appeal lacked merit in any event.
Will practice make perfect?
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DECISION