People v. Stewart, 2017 NY Slip Op 5005 (N.Y. App. Div. 2017). · Go Syfert
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People v. Stewart, 2017 NY Slip Op 5005 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of McGuirk v. McGuirk
N.Y. App. Div. · 2026 · confidence medium
With respect to the merits, "[i]t is well established that alteration of an established custody arrangement will be ordered only upon a showing of a change in circumstances which reflects a real need for change to ensure the best interest[s] of the child" ( Matter of Austin v Wright , 151 AD3d 1861, 1862 [4th Dept 2017] [internal quotation marks omitted]).
discussed Cited as authority (rule) Matter of Collichio v. Bishop
N.Y. App. Div. · 2023 · confidence medium
Under the circumstances presented, we decline to exercise our power "to independently review the record to ascertain whether the requisite change in circumstances existed" ( Matter of Austin v Wright , 151 AD3d 1861, 1862 [4th Dept 2017]).
discussed Cited "see" Matter of DeVore v. O'Harra-Gardner
N.Y. App. Div. · 2019 · signal: see · confidence high
We remind the court that "alteration of an established custody arrangement will be ordered only upon a showing of a change in circumstances which reflects a real need for change to ensure the best interest[s] of the child" ( Matter of Irwin v Neyland , 213 AD2d 773, 773 [3d Dept 1995] [emphasis added]; see Matter of Austin v Wright , 151 AD3d 1861, 1862 [4th Dept 2017]; Matter of McClinton v Kirkman , 132 AD3d 1245, 1245-1246 [4th Dept 2015]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Eugene Stewart, Appellant. (Appeal No. 2.)
819 KA 15-00911.
Appellate Division of the Supreme Court of the State of New York.
Jun 16, 2017.
2017 NY Slip Op 5005
Centra, DeJoseph, Lindley, NeMoyer, Troutman.
Published

Appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), rendered March 20, 2015. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree (three counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Stewart ([appeal No. 1] 151 AD3d 1860 [2017]).

Present — Centra, J.P., Lindley, DeJoseph, NeMoyer and Troutman, JJ.