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Fourth Department – Custody: McNeil v. Deering
Appellate Division, Fourth Department – Custody – Extraordinary Circumstances McNeil v. Deering CAF 13-00785 Appealed from Family Court, Jefferson County Background: The petitioner father appealed from an order that dismissed his petition seeking modification of an existing custody agreement. The children’s maternal grandparents have joint legal custody. The father was[...]
Fourth Department — Custody: Gross v. Gross
Appellate Division, Fourth Department Custody 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 […]
Fourth Department — Custody: Jones v. Laird
Appellate Division, Fourth Department Custody Stipulation vs. Trial Disposition — Change in Circumstances Jones v. Laird CAF 12-01974 Appealed from Family Court, Ontario County Background: The father appealed from an order refusing to modify an existing custody agreement by awarding him sole legal and physical custody of the parties’ children. Ruling: The Appellate Division affirmed. […[...]
Fourth Department — Custody: Isler v. Johnson
Appellate Division, Fourth Department Custody Change in Circumstances — Excessive Punishment Isler v. Johnson CAF 13-01636 Appealed from Family Court, Cattaraugus County Background: The petitioner mother commenced a proceeding seeking to modify a custody agreement incorporated into a judgment of divorce. She alleged that the father used excessive corporal punishment, as well as refusing to [&hel[...]
Fourth Department — Custody: Miller v. Jantzi
Appellate Division, Fourth Department Custody Siblings — School Participation and Academic Achievement Miller v. Jantzi CAF 00448 Appealed from Family Court, Onondaga County Background: The petitioner mother appealed from an order that awarded the parties joint physical custody of their younger son and awarded the respondent father sole physical custody of their older son. Ruling: […]
Fourth Department — Custody: Matter of Noah G.
Appellate Division, Fourth Department Custody Abandonment — Failure to Contact Caseworker Matter of Noah G. CAF 13-01440 Appealed from Family Court, Wyoming County Background: The respondent father appealed from an order terminating his parental rights on the ground of abandonment. Ruling: The Appellate Division affirmed. The court held that the petitioner’s caseworker testified that the [&h[...]
Fourth Department — Custody: Cheney v. Cheney
Appellate Division, Fourth Department Custody Change in Circumstances — Communication — Child’s Behavior Cheney v. Cheney CAF 13-00347 Appealed from Family Court, Erie County Background: The respondent mother appealed from an order that awarded the petitioner father primary physical custody. The father commenced the proceeding alleging a change in circumstances warranting a change in custody[...]
Fourth Department — Custody — Frequent Relocations: Eastman v. Eastman
Appellate Division, Fourth Department Custody — Frequent Relocations Stable Home Environment — Down Syndrome Eastman v. Eastman CAF 13-01114 Appealed from Family Court, Jefferson County Background: The respondent-petitioner mother appealed from an order that modified a judgment of divorce by transferring primary physical custody of the parties’ child from the mother to the petitioner-respond[...]
Fourth Department — Custody — Attorney For the Children: Shaw v. Bice
Appellate Division, Fourth Department Custody — Attorney For the Children Child’s Wishes — Immature Shaw v. Bice CAF 12-01899 Appealed from Family Court, Ontario County Background: The respondent mother appealed from an order awarding sole custody of the children to the petitioner father. She argued that the court failed to appoint separate attorneys for the children […]
Fourth Department — Custody: Quistorf v. Levesque
Appellate Division, Fourth Department Custody Relocation Quistorf v. Levesque CAF 13-01912 Appealed from Family Court, Monroe County Background: The petitioner father sought sole custody of the parties’ children after the respondent mother relocated to Maine with the children without the father’s consent. The father appealed from an order granting the mother primary residency of the […]
Fourth Department — Custody: Lawson v. Lawson
Appellate Division, Fourth Department Custody Private Immoral Conduct — Children’s Needs Lawson v. Lawson CAF 12-02126 Appealed from Family Court, Monroe County Background: The respondent father appealed from an order that awarded sole custody and primary physical residence of the parties’ children to the petitioner mother. He argues that the court placed undue emphasis on his […]
Fourth Department — Custody: Brewer v. Soles
Appellate Division, Fourth Department Custody Change in Circumstances — Child’s Academic Decline Brewer v. Soles CAF 12-01822 Appealed from Family Court, Steuben County Background: The mother appealed from an order that transferred primary physical placement of the subject child from her to the petitioner-father. The mother argued that the father did not demonstrate a change in […]
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- 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.
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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