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Child Custody: Factors
By: Daily Record Staff//December 16, 2010//
Listen to this articleAppellate Division, Fourth Department
Child Custody
Factors
CAF 09-01809
Appealed from Oneida County Family Court
Background: In a custody proceeding, the judge granted custody to the mother with visitation to the mother. On appeal, the mother contended that the judge failed to set forth its findings of fact and reasons for its determination.
Ruling: The order is reversed and the matter remitted for further proceedings. The decision underlying the order recited in a conclusory manner that the trial judge had considered the testimony and exhibits presented. This is insufficient to comply with CPLR 4213. Findings by the trial judge that both parties were “nice people” and “good parents” do not allow an appellate court to effectively review the lower court’s determination. The appellate division declined to make its own findings of fact.
Scott T. Godkin for the petitioner; Diane M. Martin-Grande for the respondent; Mark P. Malak for the children
Case Digests
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
Law News
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
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