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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Custody: Gross v. Gross

Fourth Department — Custody: Gross v. Gross

Appellate Division, Fourth Department


Recusal — New Work Hours

Gross v. Gross
CAF 13-01441
Appealed from Family Court, Niagara County

Background: The petitioner appealed from an order the dismissed her petition seeking to modify a prior custody order. The petitioner contends that the judge should have recused himself because he had a mutual friend with the respondent father and met the father on one or two occasions.

Ruling: The Appellate Division affirmed. The court held that the judge stated that he was not a friend of the father and that the mother had an opportunity to discuss the matter with her attorney. As a result of that conversation, she waived any objection to his presiding over the matter. Also, the Appellate Division held that there was no change of circumstances as the mother admitted that her new work hours did not reduce the amount of time she could spend with the children during her scheduled visitation period.

Mary-Jean Bowman, public defender, for the petitioner-appellant; Meliisa A. Cavagnaro, attorney for the children