Matter of Morrissey v. Morrissey

Summary

The Appellate Division, Second Department dismissed Martha Morrissey's appeal from a Family Court order finding, after an inquest and her default, that she committed harassment in the second degree. The court held that the alleged failure to adjourn the fact-finding hearing was not a matter contested before the Family Court and therefore was not reviewable on a default appeal.

Holdings

1. No appeal lies from an order made upon the default of the appealing party, and review is limited to matters that were the subject of contest before the Family Court.
2. The failure to adjourn the fact-finding hearing was not reviewable because it was not a subject of contest before the Family Court.

Questions Presented

1. Whether the Appellate Division could review an order of fact-finding and disposition entered upon the appellant's default.
2. Whether the Family Court's failure to adjourn the fact-finding hearing was reviewable when the appellant did not contest that issue before the Family Court.

Disposition

dismissed