MATTER OF BAILEY v. BAILEY

986 CAF 21-01790.

213 A.D.3d 1329 (2023)

183 N.Y.S.3d 659

2023 NY Slip Op 00780

In the Matter of Jaytoya Ann Bailey, Respondent, v. Donald Albert Bailey, Appellant. (Appeal No. 1.).

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

Decided February 10, 2023.


Attorney(s) appearing for the Case

CAITLIN M. CONNELLY , BUFFALO, FOR RESPONDENT-APPELLANT.

SUSAN E. GRAY , CANANDAIGUA, ATTORNEY FOR THE CHILDREN.

Present—Whalen, P.J., Smith, Curran, Montour and Ogden, JJ.


Appeal from an order of the Family Court, Ontario County (Kristina Karle, J.), entered September 20, 2021, in a proceeding pursuant to Family Court Act article 8. The order, among other things, directed respondent to stay away from petitioner.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating that part stating that the order is entered upon the default of respondent, and as modified the order is affirmed without costs...

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