Ladd, Danielle R. v. Krupp, Matthew F., 136 A.D.3d 1391 (N.Y. App. Div. 2016). · Go Syfert
Ladd, Danielle R. v. Krupp, Matthew F., 136 A.D.3d 1391 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
21 citation events (21 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Johnson v. Johnson (nyappdiv, 2022-10-07)
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Johnson v. Johnson
N.Y. App. Div. · 2022 · confidence medium
It is well settled that " 'the continued deterioration of the parties' relationship is a significant change in circumstances justifying a change in custody' " ( Matter of Ladd v Krupp , 136 AD3d 1391, 1392 [4th Dept 2016]; see Matter of Gaudette v Gaudette , 262 AD2d 804, 805 [3d Dept 1999], lv denied 94 NY2d 790 [1999]).
discussed Cited as authority (rule) Matter of Baker v. Mackey
N.Y. App. Div. · 2021 · confidence medium
It is well settled that "a court's determination regarding custody . . . issues, based upon a first-hand assessment of the credibility of the witnesses after an evidentiary hearing, is entitled to great weight" ( Matter of Marino v Marino , 90 AD3d 1694 , 1695 [4th Dept 2011] [internal quotation marks omitted]), and such a determination " 'will not be disturbed [where, as here,] it is supported by a sound and substantial basis in the record' " ( Matter of Ladd v Krupp , 136 AD3d 1391, 1393 [4th Dept 2016]; see Williams v Williams , 100 AD3d 1347, 1348 [4th [*2]Dept 2012]).
discussed Cited as authority (rule) Matter of Grabowski v. Smith
N.Y. App. Div. · 2020 · confidence medium
Specifically, affording great weight to the court's assessment of the credibility of the witnesses ( see Matter of Paliani v Selapack , 178 AD3d 1425 , 1426 [4th Dept 2019]), we conclude that the mother established that her relationship with the father deteriorated to the point where the existing joint custody arrangement was not feasible ( see Matter of Unczur v Welch , 159 AD3d 1405 , 1406 [4th Dept 2018], lv denied 31 NY3d 909 [2018]; Matter of Ladd v Krupp , 136 AD3d 1391, 1392 [4th Dept 2016]), the father violated the prior custody and visitation order ( see Matter of Moreno v Elliott , 1…
discussed Cited as authority (rule) Matter of Keller v. Keller
N.Y. App. Div. · 2019 · confidence medium
"The court's determination with respect to the child's best interests is entitled to great deference and will not be disturbed [where, as here,] it is supported by a sound and substantial basis in the record' " ( Matter of Ladd v Krupp , 136 AD3d 1391, 1393 [4th Dept 2016]; see Williams v Williams , 100 AD3d 1347 , 1348 [4th Dept 2012]).
discussed Cited as authority (rule) Matter of Capobianco v. Capobianco (2×)
N.Y. App. Div. · 2018 · confidence medium
We nevertheless conclude that " the evidence at the hearing established that the parties have an acrimonious relationship and are not able to communicate effectively with respect to the needs and activities of their child[ ], and it is well settled that joint custody is not feasible under those circumstances' " ( Matter of Ladd v Krupp , 136 AD3d 1391, 1392 [4th Dept 2016]).
discussed Cited as authority (rule) Matter of Mattice v. Palmisano
N.Y. App. Div. · 2018 · confidence medium
"It is well settled that the continued deterioration of the parties' relationship is a significant change in circumstances justifying a change in custody' " ( Matter of Ladd v Krupp , 136 AD3d 1391, 1392 [4th Dept 2016]).
discussed Cited as authority (rule) Matter of Drajem v. Carr
N.Y. App. Div. · 2018 · confidence medium
Initially, we note that the mother does not dispute that the continued deterioration of the parties' relationship and their inability to coparent constitutes a significant change in circumstances warranting an inquiry into whether a change in custody is in the child's best interests ( see Werner v Kenney , 142 AD3d 1351, 1351 [4th Dept 2016]; Matter of Ladd v Krupp , 136 AD3d 1391, 1392 [4th Dept 2016]). "[A] court's determination regarding custody and visitation issues, based upon a first-hand assessment of the credibility of the witnesses after an evidentiary hearing, is entitled to great we…
discussed Cited as authority (rule) Matter of Gartner v. Reed
N.Y. App. Div. · 2017 · confidence medium
We afford great deference to the court’s custody determination and decline to disturb it where, as here, it is supported by a sound and substantial basis in the record (see Matter of Ladd v Krupp, 136 AD3d 1391, 1393 [4th Dept 2016]).
discussed Cited as authority (rule) Matter of Aronica v. Aronica
N.Y. App. Div. · 2017 · confidence medium
Contrary to the father’s contention, the court properly considered the appropriate factors and determined that it was in the best interests of the child to maintain the existing custody arrangement, while affording the father greater visitation in order to “reflect a more shared and equal custody access arrangement.” “The court’s determination with respect to the child’s best interests ‘is entitled to great deference and will not be disturbed [where, as here,] it is supported by a sound and substantial basis in the record’ ” (Matter of Ladd v Krupp, 136 AD3d 1391, 1393 [2016]…
discussed Cited as authority (rule) Cramer v. Cramer
N.Y. App. Div. · 2016 · confidence medium
Contrary to the mother’s contention, Family Court made sufficient findings of fact, and its determination has a sound and substantial basis in the record (see Matter of Ladd v Krupp, 136 AD3d 1391, 1392-1393 [2016]).
discussed Cited as authority (rule) Cramer v. Cramer
N.Y. App. Div. · 2016 · confidence medium
Contrary to the mother’s contention, Family Court made sufficient findings of fact, and its determination has a sound and substantial basis in the record (see Matter of Ladd v Krupp, 136 AD3d 1391, 1392-1393 [2016]).
discussed Cited "see" Matter of Frederick v. Heidemann
N.Y. App. Div. · 2022 · signal: see · confidence high
We will not disturb that determination where, as here, "the record establishes that it is the product of the court's careful weighing of [the] appropriate factors" ( Timothy MYC , 151 AD3d at 1732 [internal quotation marks omitted]; see Schram , 193 AD3d at 1362 ) and " 'it is supported by a sound and substantial basis in the record' " ( Matter of Ladd v Krupp , 136 AD3d 1391, 1393 [4th Dept 2016]; see Williams v Williams , 100 AD3d 1347, 1348 [4th Dept 2012]; see generally Eschbach v Eschbach , 56 NY2d 167, 171-174 [1982]).
discussed Cited "see" Matter of Morales v. Vaillant
N.Y. App. Div. · 2020 · signal: see · confidence high
Here, "according due deference to the court's assessment of witness credibility" ( Matter of Voorhees v Talerico , 128 AD3d 1466, 1466 [4th Dept 2015], lv denied 25 NY3d 915 [2015]), we conclude that the evidence at the hearing established the requisite change in circumstances based on, inter alia, the mother's inability to handle the then 3½-year-old child's purported misbehavior and her resort to inappropriate physical discipline to punish the child ( see Matter of DeJesus v Gonzalez , 136 AD3d 1358 , 1360 [4th Dept 2016], lv denied 27 NY3d 906 [2016]; Matter of Samuel v Samuel , 64 AD3d 92…
discussed Cited "see" Murray v. Murray
N.Y. App. Div. · 2020 · signal: see · confidence high
Here, the father established the requisite change in circumstances based on the parties' heightened inability "to communicate in a manner conducive to sharing joint custody" ( Matter of Unczur v Welch , 159 AD3d 1405 , 1406 [4th Dept 2018], lv denied 31 NY3d 909 [2018]; see Matter of Ladd v Krupp , 136 AD3d 1391, 1392 [4th Dept 2016]) and the mother's violation of a prior order of the court ( see generally Matter of Moreno v Elliott , 170 AD3d 1610 , 1611 [4th Dept 2019]).
discussed Cited "see" Matter of Ballard v. Piston
N.Y. App. Div. · 2019 · signal: see · confidence high
Contrary to the mother's contention, the court properly determined that joint legal and physical custody was not appropriate inasmuch as "the parties have an acrimonious relationship and are unable to communicate with each other in a civil manner" ( Benedict v Benedict , 169 AD3d 1522 , 1523 [4th Dept 2019] [internal quotation marks omitted]; see Matter of Ladd v Krupp , 136 AD3d 1391, 1392 [4th Dept 2016]).
discussed Cited "see" Matter of Gibbardo v. Ramos
N.Y. App. Div. · 2019 · signal: see · confidence high
Contrary to the father's contention that respondent-petitioner mother failed to demonstrate a sufficient change in circumstances warranting a review of the existing custody arrangement, "a change in circumstances exists where, as here, the parents' relationship becomes so strained and acrimonious that communication between them is impossible" ( Matter of Murphy v Wells , 103 AD3d 1092 , 1093 [4th Dept 2013], lv denied 21 NY3d 854 [2013]; see Matter of Ladd v Krupp , 136 AD3d 1391, 1392 [4th Dept 2016]).
discussed Cited "see" Matter of Montalbano v. Babcock
N.Y. App. Div. · 2017 · signal: see · confidence high
The record establishes that joint custody was no longer feasible in view of the parties’ inability to communicate (see Matter of Smith v O’Donnell, 107 AD3d 1311 , 1313 [3d Dept 2013]; see generally Matter of Ladd v Krupp, 136 AD3d 1391, 1392 [4th Dept 2016]), and that an award of sole custody to the mother was in the child’s best interests (see generally Matter of Gorton v Inman, 147 AD3d 1537, 1538-1539 [4th Dept 2017]).
Retrieving the full opinion text from the archive…
In the Matter of Danielle R. Ladd, Respondent,
v.
Matthew F. Krupp, Appellant
CAF 14-01133.
Appellate Division of the Supreme Court of the State of New York.
Feb 11, 2016.
136 A.D.3d 1391
Whalen, Smith, Centra, Carni, Scudder.
Cited by 17 opinions  |  Published

[*1392] Appeal from an amended order of the Family Court, Oswego County (Donald E. Todd, A.J.), entered February 5, 2014 in a proceeding pursuant to Family Court Act article 6. The amended order, among other things, awarded petitioner sole legal and physical custody of the subject child, with visitation to respondent.

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

Memorandum: In this proceeding pursuant to Family Court Act article 6, respondent father appeals from an amended order that, among other things, awarded petitioner mother sole legal and physical custody of the subject child, with visitation to the father. We note at the outset that the father contends that the mother was required to establish that there was a significant change in circumstances since the date of entry of the prior custody order, i.e., February 5, 2013, rather than from the date of the court appearance underlying that order, i.e., July 19, 2012. According to the father, the mother supported her petition with evidence of events occurring prior to February 5, 2013 and thus failed to meet her burden. Even assuming, arguendo, that the father is correct that the mother was required to establish “that a significant change in circumstances occurred since the entry of the . . . custody order” (Matter of Drew v Gillin, 17 AD3d 719, 720 [2005]; see Matter of Pauline E. v Renelder P., 37 AD3d 1145, 1146 [2007]), rather than from the date of the court appearance upon which the order was based (see generally Giambattista v Giambattista, 154 AD2d 920, 921 [1989]), we conclude that the mother established the requisite change in circumstances subsequent to the entry of the prior order. It is well settled that “the continued deterioration of the parties’ relationship is a significant change in circumstances justifying a change in custody” (Matter of Gaudette v Gaudette, 262 AD2d 804, 805 [1999], lv denied 94 NY2d 790 [1999]; see Lauzonis v Lauzonis, 120 AD3d 922, 924 [2014]). Here, the evidence at the hearing established that “the parties have an acrimonious relationship and are not able to communicate effectively with respect to the needs and activities of their child [ ], and it is well settled that joint custody is not feasible under those circumstances” (Leonard v Leonard, 109 AD3d 126, 128 [2013]). Thus, Family Court properly concluded that there had been a sufficient change in circumstances justifying a review of the preexisting custody arrangement.

Contrary to the father’s further contention, the court properly considered the appropriate factors in making its[*1393] custody determination (see generally Matter of Caughill v Caughill, 124 AD3d 1345, 1346 [2015]). The court’s determination with respect to the child’s best interests “is entitled to great deference and will not be disturbed [where, as here,] it is supported by a sound and substantial basis in the record” (Sheridan v Sheridan, 129 AD3d 1567, 1568 [2015]; see Fox v Fox, 177 AD2d 209, 211-212 [1992]). Here, the evidence in the record supports the court’s determination that the mother had attempted to foster a relationship between the father and the child, while the father interfered with the mother’s relationship with the child by, inter alia, blatantly and repeatedly violating the court’s directive not to discuss the litigation with the child, repeatedly telling the child that the mother was irresponsible and unintelligent, and limiting the mother’s access to the child or placing absurd restrictions on such access. It is well settled that a “ ‘concerted effort by one parent to interfere with the other parent’s contact with the child is so inimical to the best interests of the child ... as to, per se, raise a strong probability that [the interfering parent] is unfit to act as custodial parent’ ” (Matter of Amanda B. v Anthony B., 13 AD3d 1126, 1127 [2004]; see Matter of Avdic v Avdic, 125 AD3d 1534, 1536 [2015]; Matter of Orzech v Nikiel, 91 AD3d 1305, 1306 [2012]).

The father withdrew his request that the court recuse itself and thus failed to preserve for our review his contention that the court should have recused itself (see generally Matter of Rath v Melens, 15 AD3d 837, 837 [2005]). In any event, that contention is without merit. “ ‘Where, as here, there is no allegation that recusal is statutorily required . . . , the matter of recusal is addressed to the discretion and personal conscience of the [judge] whose recusal is sought’ ” (Kern v City of Rochester, 217 AD2d 918, 918 [1995]; see Matter of Nunnery v Nunnery, 275 AD2d 986, 987 [2000]).

We have considered the father’s remaining contention, and we conclude that it is without merit.

Present — Whalen, P.J., Smith, Centra, Carni and Scudder, JJ.