Creek, Cheree N. v. Dietz, Jacob M., 132 A.D.3d 1283 (N.Y. App. Div. 2015). · Go Syfert
Creek, Cheree N. v. Dietz, Jacob M., 132 A.D.3d 1283 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Chromczak v. Salek (nyappdiv, 2019-06-14)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Chromczak v. Salek
N.Y. App. Div. · 2019 · confidence medium
Here, the admissible evidence adduced at the fact-finding hearing, as well as the child's statements at the Lincoln hearing, established the requisite change in circumstances inasmuch as the father and the girlfriend exposed the child to inappropriate behavior, fighting, and verbal altercations in the father's household ( see Matter of Holleran v Faucett , 143 AD3d 1205, 1206-1207 [3d Dept 2016]; Matter of Fountain v Fountain , 130 AD3d 1107, 1108 [3d Dept 2015]), and the girlfriend, who had a history of substance abuse, admitted to a caseworker a few weeks before the filing of the mother's mo…
discussed Cited as authority (rule) Allen v. Boswell
N.Y. App. Div. · 2017 · confidence medium
We reject the father’s further contention that the court’s determination that supervised visitation was in the best interests of the children lacks a sound and substantial basis in the record (see generally Matter of Procopio v Procopio, 132 AD3d 1243 , 1244 [2015], lv denied 26 NY3d 915 [2016]; Matter of Creek v Dietz, 132 AD3d 1283, 1284 [2015], lv denied 26 NY3d 914 [2015]).
discussed Cited as authority (rule) Allen v. Boswell
N.Y. App. Div. · 2017 · confidence medium
We reject the father’s further contention that the court’s determination that supervised visitation was in the best interests of the children lacks a sound and substantial basis in the record (see generally Matter of Procopio v Procopio, 132 AD3d 1243 , 1244 [2015], lv denied 26 NY3d 915 [2016]; Matter of Creek v Dietz, 132 AD3d 1283, 1284 [2015], lv denied 26 NY3d 914 [2015]).
discussed Cited as authority (rule) Allen v. Boswell
N.Y. App. Div. · 2017 · confidence medium
We reject the father’s further contention that the court’s determination that supervised visitation was in the best interests of the children lacks a sound and substantial basis in the record (see generally Matter of Procopio v Procopio, 132 AD3d 1243 , 1244 [2015], lv denied 26 NY3d 915 [2016]; Matter of Creek v Dietz, 132 AD3d 1283, 1284 [2015], lv denied 26 NY3d 914 [2015]).
discussed Cited "see" Matter of Farner v. Farner
N.Y. App. Div. · 2017 · signal: see · confidence high
Considering the mother’s history of drug and alcohol addiction, as acknowledged by the parties in the parenting agreement, we conclude that the allegation that the mother was arrested and being prosecuted for criminal possession of a controlled substance is sufficient to warrant a hearing (see Matter of Pollock v Wakefield, 145 AD3d 1274, 1275 [2016]; Matter of Bell v Raymond, 67 AD3d 1410, 1411 [2009]), inasmuch as such conduct, including the mother’s possible unlawful use of a controlled substance, “is plainly relevant to her fitness as a parent” (Matter of Belcher v Morgado, 147 AD3…
discussed Cited "see, e.g." Matter of Smith v. Loyster
N.Y. App. Div. · 2017 · signal: see also · confidence medium
In view of the father’s history of alcohol abuse, that testimony established both a change of circumstances warranting review of the prior order and that modification of the father’s visitation was in the best interests of the child (see Matter of Susan B. v Charles M., 67 AD3d 488, 488-489 [1st Dept 2009], lv denied 14 NY3d 704 [2010]; Matter of Kelley v VanDee, 61 AD3d 1281, 1283 [3d Dept 2009]; see also Matter of Creek v Dietz, 132 AD3d 1283, 1284 [4th Dept 2015], lv denied 26 NY3d 914 [2015]).
Retrieving the full opinion text from the archive…
In the Matter of Cheree N. Creek, Respondent,
v.
Jacob M. Dietz, Appellant
CAF 14-00267.
Appellate Division of the Supreme Court of the State of New York.
Oct 2, 2015.
132 A.D.3d 1283
Scudder, Smith, Lindley, Valentino, Whalen.
Cited by 7 opinions  |  Published

[*1284] Appeal from an order of the Family Court, Erie County (Brenda M. Freedman, Ref.), entered December 30, 2013 in a proceeding pursuant to Family Court Act article 6. The order directed that respondent’s visitation with the subject child be supervised.

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

Memorandum: Respondent father appeals from an order modifying the existing custody and visitation order by, inter alia, directing that he have supervised visitation with the parties’ child. Based on the record before us, we conclude that the Referee properly determined that petitioner mother “established a sufficient change in circumstances that reflects a genuine need for the modification so as to ensure the best interests of the child” (Matter of Rice v Cole, 125 AD3d 1466, 1467 [2015] [internal quotation marks omitted]; see Matter of Vieira v Huff, 83 AD3d 1520, 1521 [2011]). The mother established that the father, who had a long history of substance abuse problems, was again using various illegal drugs, including cocaine, heroin and marihuana (see Matter of Laware v Baldwin, 42 AD3d 696, 696 [2007]; Matter of Brady v Schermerhorn, 25 AD3d 1037, 1038 [2006]). Indeed, the father admitted that he had used illegal drugs only a few weeks before the hearing on the mother’s petition (see Matter of LaFountain v Gabay, 69 AD3d 994, 995 [2010]). The mother also established that the father had demonstrated behavioral changes consistent with his behavior during prior periods of time in which he had been using illegal substances, such as missing visitation with the child for extended periods of time.

It is well settled that a 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 weight and will not be set aside unless it lacks an evidentiary basis in the record, i.e., is not supported by a sound and substantial basis in the record” (Matter of Rulinsky v West, 107 AD3d 1507, 1509 [2013] [internal quotation marks omitted]; see Matter of Van Court v Wadsworth, 122 AD3d 1339, 1340 [2014], lv denied 24 NY3d 916 [2015]). Here, the Referee made specific findings concerning the potential harm the child faced if the father were to have unsupervised visitation (cf. Laware, 42 AD3d at 697), and we conclude that the Referee’s “determination to impose supervised visitation is supported by the requisite sound and substantial basis in the record” (Rice, 125 AD3d at 1467 [internal quotation marks omitted]).

Present — Scudder, P.J., Smith, Lindley, Valentino and Whalen, JJ.