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Positive treatment
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Treatment trajectory · 2004 → 2026 · click a year to view as-of
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Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited "see"
Hunt v. Hunt
Respondent failed to present evidence establishing that he made “reasonable efforts to obtain gainful employment to meet his child support obligations” and thus he failed to overcome the presumption of his ability to support his minor children (Matter of Fallon v Fallon, 286 AD2d 389, 389 [2001]; see Matter of Moore v Blank, 8 AD3d 1090, 1091 [2004], lv denied 3 NY3d 606 [2004]).
discussed
Cited "see"
Donnelly v. Donnelly
This issue arose in the context of petitioner’s petition for modification of the existing Family Court child support order and, as such, is not statutorily precluded but, rather, falls within the express grant of authority conferred upon Support Magistrates to “hear, determine and grant any relief within the powers of the [Family] [C]ourt in any proceeding under . . . article [4 of the Family Court Act]” (Family Ct Act § 439 [a]; see Matter of Holscher v Holscher, 4 AD3d 629, 630 [2004], lv denied 3 NY3d 606 [2004]; Matter of Chambers v Chambers, 295 AD2d 654, 654-655 [2002]; cf. Matter…
discussed
Cited "see, e.g."
In re Grancaric
As petitioner provides no contrary evidence of Scheurer’s intent and, as discussed above, he fails to support the argument that any of the accounts were “convenience” accounts, we hold that, as the survivor of these joint accounts with rights of survivorship, Macri took legal title to each of the subject accounts (see Matter of Stalter, 270 AD2d at 596 ; compare Matter of Johnson, 7 AD3d 959, 960 [2004], lv denied 3 NY3d 606 [2004]; Fischedick v Heitmann, 267 AD2d at 592-593).
discussed
Cited "see, e.g."
Spellburg v. South Bay Realty, LLC
As a result, there are questions of fact as to whether the trespass over plaintiffs property was in fact “necessary to complete the contract” between Evergreen Timber, Macchio and Stranahan (Axtell v Kurey, 222 AD2d at 805; see Gracey v Van Camp, 299 AD2d 837, 838 [2002]; compare Brown v Arcady Realty Corp., 1 AD3d 753 , 756 [2003], lv denied 3 NY3d 606 [2004]), and the extent, if any, of the direction given by defendants to Evergreen Timber regarding the construction of the road.
discussed
Cited "see, e.g."
People v. Gary
Nevertheless, we conclude that Supreme Court’s upward departure from that presumptive risk level to a level three risk is supported by clear and convincing evidence (see People v Carswell, 8 AD3d 1073 [2004], lv denied 3 NY3d 607 [2004]; see also People v Hitt, 7 AD3d 813 [2004], lv denied 3 NY3d 606 [2004]).
discussed
Cited "see, e.g."
In re the Estate of Rockefeller
Lobb failed to rebut that presumption with clear and convincing proof supporting an inference that the joint accounts were opened only as a matter of convenience (see Banking Law § 675 [b]; compare Matter of Johnson, 7 AD3d 959, 960 [2004], lv denied 3 NY3d 606 [2004]; Matter of Stalter, 270 AD2d 594, 595-596 [2000], lv denied 95 NY2d 760 [2000]).
Retrieving the full opinion text from the archive…
MATTER OF FORJONE
v.
BEADLE
v.
BEADLE
Published
Motion for leave to appeal denied.