Warren, Katherine D. v. Miller, Christopher J., 132 A.D.3d 1352 (N.Y. App. Div. 2015). · Go Syfert
Warren, Katherine D. v. Miller, Christopher J., 132 A.D.3d 1352 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
29 citation events (29 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Hernandez v. McGowan (nyappdiv, 2026-02-11)
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Hernandez v. McGowan
N.Y. App. Div. · 2026 · confidence medium
"Generally a court's determination regarding custody and visitation issues, based on its first-hand assessment of the credibility of the witnesses after an evidentiary hearing, is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record" ( Matter of Warren v Miller , 132 AD3d 1352, 1354 [4th Dept 2015] [internal quotation marks omitted]).
examined Cited as authority (rule) Matter of Zwiefach v. Heitzmann (8×)
N.Y. App. Div. · 2025 · confidence medium
The court may modify a prior order of custody or visitation "[e]ven without an application for [that relief]" so long as the parties were " 'adequately apprised prior to the hearing that custody was at issue, and . . . had sufficient opportunity to present any testimony and evidence relevant to the issue' " ( Matter of Warren v Miller , 132 AD3d 1352, 1353 [4th Dept 2015]; see Matter of Heintz v Heintz , 28 AD3d 1154, 1155 [4th Dept 2006]).
discussed Cited as authority (rule) Matter of Wilson v. Cheves
N.Y. App. Div. · 2025 · confidence medium
Here, the record establishes that the mother interfered with the child's kindergarten registration by withdrawing the child from the father's school district and registering the child in her school district, despite the parties' prior agreement that the child would attend school in the father's district ( see Matter of Warren v Miller , 132 AD3d 1352, 1354 [4th Dept 2015]; see also Matter of Graffagnino v Esposito , 223 AD3d 805 , 807-808 [2d Dept 2024]; Matter of Cadet v Lamour , 86 AD3d 538, 539 [2d Dept 2011]).
discussed Cited as authority (rule) Matter of King v. King
N.Y. App. Div. · 2025 · confidence medium
We reject the father's contention that the court's best interests analysis "placed undue emphasis on [his] purported shortcomings." In making its determination, the court was required to consider all factors that could impact the best interests of the child ( see Matter of K.C. v N.C. , 215 AD3d 1238 , 1240 [4th Dept 2023], lv denied 40 NY3d 907 [2023]; see generally Eschbach v Eschbach , 56 NY2d 167, 172 [1982]; Matter of Braga v Bell , 151 AD3d 1924, 1925 [4th Dept 2017], lv denied 30 NY3d 905 [2017]), and the court properly considered the father's actions and determined that his inability t…
discussed Cited as authority (rule) Matter of Verne v. Hamilton
N.Y. App. Div. · 2021 · confidence medium
"Generally a court's determination regarding custody and visitation issues, based on its first-hand assessment of the credibility of the witnesses after an evidentiary hearing, is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record" ( Matter of Warren v Miller , 132 AD3d 1352, 1354 [4th Dept 2015] [internal quotation marks omitted]), and here the record establishes that the court's determination resulted from a "careful weighing of [the] appropriate factors . . . , and . . . has a sound and substantial basis in the record" ( Biernbaum , 162 AD3…
discussed Cited as authority (rule) Matter of National Fuel Gas Supply Corp. v. Schueckler
N.Y. App. Div. · 2018 · confidence medium
Given its non-finality and the consequent "uncertainty as to [federal] law on this point," we decline to take judicial notice of the new FERC ruling (Babcock v Jackson, 17 AD2d 694, 701 [4th Dept 1962, Halpern, J., dissenting], revd 12 NY2d 473 [1963]; see Majestic Co. v Wender, 24 Misc 2d 1018, 1018-1019 [Sup Ct, Nassau County 1960, Meyer, J.]; see also Matter of Bach, 81 Misc 2d 479, 486-487 [Sur Ct, Dutchess County 1975], affd 53 AD2d 612 [2d Dept 1976]; Berger v Dynamic Imports, 51 Misc 2d 988, 989 [Civ Ct, NY County 1966]; see generally CPLR 4511; Matter of Warren v Miller, 132 AD3d 1352,…
discussed Cited as authority (rule) In Re the Marriage of Valerie E. Hute F/K/A Valerie E. Baker and Joseph M. Baker Upon the Petition of Valerie E. Hute F/K/A Valerie E. Baker, and Concerning Joseph M. Baker
Iowa Ct. App. · 2017 · signal: cf. · confidence medium
App. Div. 2013) (holding it would have been improper for court to change custody sua sponte where father requested only modification of visitation); cf. Warren v. Miller, 17 N.Y.S. 3d 535, 535 (N.Y.
discussed Cited as authority (rule) Trombley v. Payne
N.Y. App. Div. · 2016 · confidence medium
Contrary to the mother’s further contention, the court’s determination to grant in part the petitioner-respondent father’s petition and to modify visitation has a sound and substantial basis in the record (see Matter of Warren v Miller, 132 AD3d 1352, 1354 [2015]).
discussed Cited as authority (rule) Trombley v. Payne
N.Y. App. Div. · 2016 · confidence medium
Contrary to the mother’s further contention, the court’s determination to grant in part the petitioner-respondent father’s petition and to modify visitation has a sound and substantial basis in the record (see Matter of Warren v Miller, 132 AD3d 1352, 1354 [2015]).
discussed Cited as authority (rule) Cunningham v. Cunningham
N.Y. App. Div. · 2016 · confidence medium
The mother’s contentions with respect to the Attorney for the Child are not properly before us because they are raised for the first time in her reply brief (see Matter of Warren v Miller, 132 AD3d 1352, 1354 [2015]; Matter of Yorimar K.-M., 309 AD2d 1148, 1149 [2003]).
discussed Cited as authority (rule) Cunningham v. Cunningham
N.Y. App. Div. · 2016 · confidence medium
The mother’s contentions with respect to the Attorney for the Child are not properly before us because they are raised for the first time in her reply brief (see Matter of Warren v Miller, 132 AD3d 1352, 1354 [2015]; Matter of Yorimar K.-M., 309 AD2d 1148, 1149 [2003]).
discussed Cited "see" In re the Marriage of Seward
Iowa Ct. App. · 2019 · signal: see · confidence high
See Warren v. Miller, 17 N.Y.S. 3d 535, 536 (N.Y.
discussed Cited "see" Matter of Kakwaya v. Twinamatsiko
N.Y. App. Div. · 2018 · signal: see · confidence high
Contrary to the father's contention, "the deterioration of the parties' relationship and their inability to coparent renders the existing joint custody arrangement unworkable" ( Matter of York v Zullich , 89 AD3d 1447, 1448 [4th Dept 2011]; see Matter of Warren v Miller , 132 AD3d 1352, 1353 [4th Dept 2015]).
discussed Cited "see" Matter of Fichera v. New York State Dept. of Envtl. Conservation
N.Y. App. Div. · 2018 · signal: see · confidence high
We note that we have not considered arguments and documents submitted to this Court for the first time in a postargument submission on this appeal ( see Lake v Cowper Co. , 249 AD2d 934, 935 [4th Dept 1998]; see generally Ciesinski v Town of Aurora , 202 AD2d 984 , 985 [1994]), and we decline to take judicial notice of the document submitted by the Town respondents inasmuch as it is outside the record on appeal ( see Matter of Warren v Miller , 132 AD3d 1352, 1354 [4th Dept 2015]).
Retrieving the full opinion text from the archive…
In the Matter of Katherine D. Warren, Respondent,
v.
Christopher J. Miller, Appellant
CAF 13-00557.
Appellate Division of the Supreme Court of the State of New York.
Oct 9, 2015.
132 A.D.3d 1352
Centra, Peradotto, Lindley, Whalen, Dejoseph.
Cited by 19 opinions  |  Published

[*1353] Appeal from an amended order of the Family Court, Monroe County (Julie Anne Gordon, R.), entered January 25, 2013 in a proceeding pursuant to Family Court Act article 6. The amended order, among other things, granted petitioner sole custody of the subject child.

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

Memorandum: Petitioner-respondent mother commenced the proceeding in appeal No. 1 to modify the parties’ existing visitation schedule with respect to the parties’ child. Family Court sua sponte determined, however, that the existing joint custody arrangement was unworkable and entered an amended order awarding sole custody and primary physical residence to the mother, and visitation and access to respondent-petitioner father. The father appeals from that amended order in appeal No. 1. In appeal No. 2, the father appeals from an order dismissing his order to show cause and petition to modify the amended order in appeal No. 1. We now affirm in appeal No. 1.

The father contends in appeal No. 1 that the court lacked jurisdiction to determine the issue of custody. We reject that contention. Even without an application for sole custody by one of the parties, the court herein had the authority to address the issue of custody inasmuch as the parties were “adequately apprised prior to the hearing that custody was at issue, and . . . had a sufficient opportunity to present any testimony and evidence relevant to the issue of custody” (Matter of Heintz v Heintz, 28 AD3d 1154, 1155 [2006]). “Once [the court] determine [s] that joint custody [is] not feasible, it [becomes] incumbent upon [the court] to determine a custodial arrangement based upon the best interests of the child [ ] despite the absence of a petition definitively seeking sole custody” (Matter of Mahoney v Regan, 100 AD3d 1237, 1237-1238 [2012] [internal quotation marks omitted], lv denied 20 NY3d 859 [2013]; see Heintz, 28 AD3d at 1154-1155; Matter of Miller v Orbaker, 17 AD3d 1145, 1145-1146 [2005], lv denied 5 NY3d 714 [2005]).

In the instant case, the record establishes that the court informed the parties on two occasions prior to the hearing that sole custody would be at issue. In addition, during the hearing, and before the father engaged in cross-examination or called his first witness, the court specifically warned the father that he could lose custody if he failed to present evidence contradicting the mother’s testimony. We note that the father demonstrated his understanding of the court’s intent to determine the issue of custody by referencing it during his opening state[*1354] ment, by presenting testimony and evidence in support of his request therefor and, in his summation, by characterizing the proceeding as “a contested custody matter” and specifically requesting that he be awarded sole custody.

We reject the father’s further contention in appeal No. 1 that the court’s custody determination lacks a sound and substantial basis in the record. “Generally a court’s determination regarding custody and visitation issues, based on its first-hand assessment of the credibility of the witnesses after an evidentiary hearing, is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record” (Matter of Dubuque v Bremiller, 79 AD3d 1743, 1744 [2010] [internal quotation marks omitted]; see Matter of Marino v Marino, 90 AD3d 1694, 1695 [2011]). Here, we conclude that the court’s determination is supported by the requisite evidentiary basis. Notably, the record establishes that the father interfered with the child’s enrollment in educational programming and that, although the child was diagnosed with a behavioral disorder, the father refused to acknowledge the disorder and to administer the child’s prescribed medication. We therefore see no reason to disturb the court’s determination. The father’s contentions raised for the first time in his reply brief are not properly before us (see Matter of Rossborough v Alatawneh, 129 AD3d 1537, 1538 [2015]), and we decline to take judicial notice of items submitted by the father outside of the record on appeal.

In light of our determination in appeal No. 1, we dismiss the appeal in appeal No. 2 as moot.

Present — Centra, J.P., Peradotto, Lindley, Whalen and DeJoseph, JJ.