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Grandparents, custody and support: New frontiers for the extended family
In an era of extended families, children often reside with their grandparents, a seemingly safe environment for a child. But New York still sets a high standard for anyone to have custody of another’s children — “extraordinary circumstances.” Robert G. v. Peter I., 43 AD3d 1162 (2d Dept 2007). While that hurdle may seem almost […]
Fourth Department – Custody – Change in Circumstances: McClinton v. Kirkman
Appellate Division, Fourth Department Custody – Change in Circumstances Motion to Dismiss – Abdication of Primary Caregiver Role McClinton v. Kirkman CAF 14-01645 Appealed from Family Court, Onondaga County Background: The petitioner mother commenced a proceeding seeking to modify a prior order to which the respondent father had sole custody of the parties’ child. She […]
Fourth Department – Gardner v. Korthals
Appellate Division, Fourth Department Custody Change in Schools – Change in Schedules Gardner v. Korthals CA 14-01627 Appealed from Supreme Court, Erie County Background: The defendant father moved to change the school in which the subject child is enrolled because the father’s home is now the child’s primary residence pursuant to a stipulated order. He […]
Fourth Department – Schieble v. Swantek
Appellate Division, Fourth Department Custody Domestic Violence – Order of Protection Schieble v. Swantek CAF 14-02146 Appealed from Family Court, Oneida County Background: The father appealed from an order that denied his petition to modify a prior custody order that awarded sole legal and primary physical custody to the mother. The father argued that the […]
Fourth Department – Lugo v. Hamill
Appellate Division, Fourth Department – Custody Informal Agreement – Change in Circumstances Lugo v. Hamill CAF 14-00569 Appealed from Supreme Court, Genesee County Background: The parties had joint legal custody with primary residency to the mother pursuant to a 2007 court order. In 2012, the mother’s living situation became uncertain, and the father agreed to […]
Fourth Department – Matter of Chrystiana M.
Appellate Division, Fourth Department Custody Neglect – Failure to Act Matter of Chrystiana M. CAF 13-01891 Appealed from Family Court, Erie County Background: The respondent grandmother argued that the Family Court erred in finding that she neglected her granddaughter. Ruling: The Appellate Division affirmed. The court held that, as the person legally responsible for the […]
Fourth Department – Gunn v. Gunn
Appellate Division, Fourth Department Custody New Information on Appeal Gunn v. Gunn CAF 13-01398 Appealed from Family Court, Onondaga County Background: The mother appealed from an order that awarded sole legal and primary physical custody of the parties’ children to the father arguing new information has come to light relevant to the case. Ruling: The […]
Matrimonial Matters: Custody decision engenders animated dissent
The Fourth Department entered a decision on June 19 that sparked a detailed dissent from Justices Centra and Peradotto. In Sheridan v. Sheridan (CA 13-01929), the defendant father appealed an order, which, among other things, awarded the plaintiff mother sole custody of the parties’ then 13-year-old child. The father claimed that he did not receive […]
Fourth Department – Custody: Donegan v. Torres
Appellate Division, Fourth Department – Custody – Best Interest – Parent’s Psychological Condition Donegan v. Torres CAF 13-01367 Appealed from Family Court, Onondaga County Background: The respondent mother appealed from an order that awarded the petitioner father sole legal and physical custody of the parties’ child. Ruling: The Appellate Division dismissed[...]
Fourth Department – Custody: Frost v. Wisniewski
Appellate Division, Fourth Department – Custody – Paternity Test – Res Judicata Frost v. Wisniewski CAF 14-00650 Appealed from Family Court, Oswego County Background: The petitioner appealed from an order dismissing his cross motion seeking a determination that he is the biological father of the subject child. The respondent signed an acknowledgment of […]
Fourth Department – Custody: Newman v. Duffy
Appellate Division, Fourth Department – Custody – Relocation – Economic Necessity Newman v. Duffy CAF 14-00781 Appealed from Family Court, Erie County Background: The father appealed from an order that modified a prior order of custody and permitted the mother to relocate with the parties’ child to Massachusetts. Ruling: The Appellate Division […]
Fourth Department – Custody: Morrissey v. Morrisey
Appellate Division, Fourth Department Custody Change in Circumstances – Compliance with Discovery Orders Morrissey v. Morrisey CAF 00852 Appealed from Family Court, Oneida County Background: The respondent mother appealed from an order that modified a prior custody order by awarding sole custody of the children to the petitioner father. Ruling: The Appellate Division affirmed. The […]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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