MATTER OF DAVIS v. KOCH

2014-07730 (Docket Nos. V-5828-08, V-582908)

130 A.D.3d 1027 (2015)

12 N.Y.S.3d 914

2015 NY Slip Op 06342

In the Matter of WILBUR JAMES DAVIS, JR., Appellant, v. CARRIE ANN KOCH, Respondent.

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

Decided July 29, 2015.


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to Family Court, Dutchess County, for further proceedings consistent herewith.

The father, an inmate at a correctional facility, correctly contends that the Family Court erred in dismissing his petition for failure to prosecute. Where, as here, the record indicates only that the correctional facility did not produce the father, and "the correctional facility...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases