Campbell v. January, 114 A.D.3d 1176 (N.Y. App. Div. 2014). · Go Syfert
Campbell v. January, 114 A.D.3d 1176 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Muriel v. Muriel (nyappdiv, 2020-01-31)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Muriel v. Muriel
N.Y. App. Div. · 2020 · confidence medium
Entered: January 31, 2020 Mark W.
discussed Cited as authority (rule) Matter of Nickerson v. Woods
N.Y. App. Div. · 2019 · confidence medium
Contrary to the mother's further contention, there is a sound and substantial basis in the record supporting the court's determination limiting her to supervised visitation in the county of the father's residence ( see Matter of Shaffer v Woodworth , 175 AD3d 1803 , 1804 [4th Dept 2019]; Matter of Campbell v January , 114 AD3d 1176, 1177 [4th Dept 2014], lv denied 23 NY3d 902 [2014]).
discussed Cited as authority (rule) Procopio v. Procopio
N.Y. App. Div. · 2015 · confidence medium
“Courts have broad discretion in determining whether visits should be supervised” (Matter of Campbell v January, 114 AD3d 1176, 1177 [2014], lv denied 23 NY3d 902 [2014]), and that determination “will not be disturbed as long as there is a sound and substantial basis in the record to support it” (Matter of Chilbert v Soler, 77 AD3d 1405 , 1406 [2010], lv denied 16 NY3d 701 [2011] [internal quotation marks omitted]).
discussed Cited as authority (rule) Procopio v. Procopio
N.Y. App. Div. · 2015 · confidence medium
“Courts have broad discretion in determining whether visits should be supervised” (Matter of Campbell v January, 114 AD3d 1176, 1177 [2014], lv denied 23 NY3d 902 [2014]), and that determination “will not be disturbed as long as there is a sound and substantial basis in the record to support it” (Matter of Chilbert v Soler, 77 AD3d 1405 , 1406 [2010], lv denied 16 NY3d 701 [2011] [internal quotation marks omitted]).
discussed Cited "see" Matter of Faes v. Coulson
N.Y. App. Div. · 2026 · signal: see · confidence high
"Courts have broad discretion in determining whether visits should be supervised" ( Matter of Muriel v Muriel , 228 AD3d 1345 , 1347 [4th Dept 2024] [internal quotation marks omitted]; see Matter of Campbell v January , 114 AD3d 1176 , 1177 [4th Dept 2014], lv denied 23 NY3d 902 [2014]), and that determination "will not be disturbed as long as there is a sound and substantial basis in the record to support it" ( Matter of Procopio v Procopio , 132 AD3d 1243, 1244 [4th Dept 2015], lv denied 26 NY3d 915 [2015] [internal quotation marks omitted]).
discussed Cited "see" Matter of Vito v. Dugan
N.Y. App. Div. · 2026 · signal: see · confidence high
"Courts have broad discretion in determining whether visits should be supervised" ( Matter of Muriel v Muriel , 228 AD3d 1345 , 1347 [4th Dept 2024] [internal quotation marks omitted]; see Matter of Campbell v January , 114 AD3d 1176 , 1177 [*2][4th Dept 2014], lv denied 23 NY3d 902 [2014]), and that determination "will not be disturbed as long as there is a sound and substantial basis in the record to support it" ( Matter of Procopio v Procopio , 132 AD3d 1243, 1244 [4th Dept 2015], lv denied 26 NY3d 915 [2015] [internal quotation marks omitted]).
discussed Cited "see" Matter of Shaffer v. Woodworth
N.Y. App. Div. · 2019 · signal: see · confidence high
"Courts have broad discretion in determining whether visits should be supervised" ( Matter of Campbell v January , 114 AD3d 1176 , 1177 [4th Dept 2014], lv denied 23 [*2]NY3d 902 [2014]; see Matter of Procopio v Procopio , 132 AD3d 1243, 1244 [4th Dept 2015], lv denied 26 NY3d 915 [2015]), and we conclude that there is a sound and substantial basis in the record supporting the court's determination that visitation should continue to be supervised ( see generally Campbell , 114 AD3d at 1177; Matter of Austin M. [Dale M.] , 97 AD3d 1168 , 1170 [4th Dept 2012]).
discussed Cited "see" Wilson v. Hayward
N.Y. App. Div. · 2015 · signal: see · confidence high
It is well settled that, “as between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right because of ‘surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances’ ” (Matter of Gary G. v Roslyn P., 248 AD2d 980, 981 [1998], quoting Matter of Bennett v Jeffreys, 40 NY2d 543, 544 [1976]; see Matter of Campbell v January, 114 AD3d 1176, 1176 [2014], lv denied 23 NY3d 902 [2014]).
discussed Cited "see" Wilson v. Hayward
N.Y. App. Div. · 2015 · signal: see · confidence high
It is well settled that, “as between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right because of ‘surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances’ ” (Matter of Gary G. v Roslyn P., 248 AD2d 980, 981 [1998], quoting Matter of Bennett v Jeffreys, 40 NY2d 543, 544 [1976]; see Matter of Campbell v January, 114 AD3d 1176, 1176 [2014], lv denied 23 NY3d 902 [2014]).
discussed Cited "see" WILSON, SR., CHARLES E. v. HAYWARD, DARCIE M.
N.Y. App. Div. · 2015 · signal: see · confidence high
It is well settled that, “as between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right because of ‘surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances’ ” (Matter of Gary G. v Roslyn P., 248 AD2d 980, 981 , quoting Matter of Bennett v Jeffreys, 40 NY2d 543, 544 ; see Matter of Campbell v January, 114 AD3d 1176, 1176 , lv denied 23 NY3d 902 ).
Retrieving the full opinion text from the archive…
In the Matter of Sabrina Campbell
v.
Margaret January, and Bennie Carter, Sr.
Appellate Division of the Supreme Court of the State of New York.
Feb 7, 2014.
114 A.D.3d 1176
Cited by 10 opinions  |  Published

Appeal from an order of the Family Court, Orleans County (James E Punch, J), entered May 15, 2012 in a proceeding pursuant to Family Court Act article 6. The order, among other things, awarded sole custody of the subject child to petitioner.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order granting sole custody of the subject child to petitioner, a nonparent, respondent father contends that there was no showing of extraordinary circumstances. We reject that contention. It is well settled that, “as between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right because of ‘surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances’ ” (Matter of Gary G. v Roslyn P., 248 AD2d 980, 981 [1998], quoting Matter of Bennett v Jeffreys, 40 NY2d 543, 544 [1976]; see Matter of Howard v McLoughlin, 64 AD3d 1147, 1147 [2009]). Here, the record establishes that respondent mother placed the child with petitioner just days after his birth in February 2010, and the father disputed that he was the father of the child even after receiving the results of a DNA test confirming that he was. The father did not seek custody of the child until the child was[*1177] almost one year old, after an order of filiation was entered. The father visited the child for the first time in January or February 2012, and had only six or seven visits before he stopped attending when the visits were moved to petitioner’s home around April 2012. The child has significant medical conditions and special needs requiring various forms of treatment, and the father demonstrated that he has no interest in learning about the child’s conditions and needs and how to treat them (see Matter of Brault v Smugorzewski, 68 AD3d 1819, 1819 [2009]; Matter of Ronald I. v James J., 53 AD3d 706, 707 [2008]). We therefore agree with Family Court that extraordinary circumstances were present here. We note that the father additionally contends that the court improperly shifted the burden of proof to him to establish extraordinary circumstances when it ordered him to present his proof first. That contention is not preserved for our review (see Matter of Canfield v McCree, 90 AD3d 1653, 1653-1654 [2011]), and is without merit in any event. The court’s determination establishes that it was aware that petitioner “bore the burden of proof regardless of the order of presentation” of the proof (Matter of Scala v Parker, 304 AD2d 858, 859 [2003]).

Contrary to the father’s further contention, the court did not err in ordering supervised visitation. Courts have broad discretion in determining whether visits should be supervised, and we conclude that there is a sound and substantial basis in the record to support the court’s determination (see Matter of Chilbert v Soler, 77 AD3d 1405, 1406 [2010], lv denied 16 NY3d 701 [2011]). The father is presently unable to address the child’s medical conditions and special needs due to his inability to understand them or his indifference to them. Present — Scudder, EJ., Centra, Fahey, Carni and Valentino, JJ.