Vargas v. Vargas, 90 A.D.3d 1062 (N.Y. App. Div. 2011). · Go Syfert
Search
Vargas v. Vargas, 90 A.D.3d 1062 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Skylar H.
N.Y. App. Div. · 2016 · confidence medium
The fact that inconsistencies exist between prior statements given by the victim does not automatically render her hearing testimony incredible as a matter of law, however, and counsel for respondent made no effort to establish the nature of the inconsistencies or cross-examine the victim regarding them (see Matter of Christian W., 90 AD3d 1062, 1063 [2011]; Matter of Zachary K., 299 AD2d 755, 756 [2002]; Matter of Manuel W., 279 AD2d 662, 662-663 [2001]). * Contrary to respondent’s contention, Family Court was under no obligation to independently develop the record in that regard, as “it …
discussed Cited as authority (rule) Ruiz-Thomas v. Ruiz
N.Y. App. Div. · 2012 · confidence medium
Moreover, the Family Court’s determination that it is in the child’s best interest to award joint legal custody to the mother and maternal grandmother, while awarding sole physical custody to the maternal grandmother, is supported by a sound and substantial basis in the record, and we discern no basis to disturb it (see Matter of Flores v Flores, 91 AD3d at 870 ; Matter of Vargas v Vargas, 90 AD3d 1062, 1062 [2011]; Matter of Jumper v Hemphill, 75 AD3d at 508 ; Matter of LaBorde v Pennington, 60 AD3d 950, 951-952 [2009]; Matter of Gilchrest v Patterson, 55 AD3d at 834 ).
discussed Cited as authority (rule) Ruiz-Thomas v. Ruiz
N.Y. App. Div. · 2012 · confidence medium
Moreover, the Family Court’s determination that it is in the child’s best interest to award joint legal custody to the mother and maternal grandmother, while awarding sole physical custody to the maternal grandmother, is supported by a sound and substantial basis in the record, and we discern no basis to disturb it (see Matter of Flores v Flores, 91 AD3d at 870 ; Matter of Vargas v Vargas, 90 AD3d 1062, 1062 [2011]; Matter of Jumper v Hemphill, 75 AD3d at 508 ; Matter of LaBorde v Pennington, 60 AD3d 950, 951-952 [2009]; Matter of Gilchrest v Patterson, 55 AD3d at 834 ).
discussed Cited as authority (rule) In re Friday M.
N.Y. App. Div. · 2012 · confidence medium
The discrepancies and inconsistencies between the then 13-year-old complainant’s sworn statement and hearing testimony were not of such a magnitude as to render his account of the incident incredible or unreliable (see Matter of Christian W., 90 AD3d 1062, 1063 [2011]; People v Allen, 89 AD3d 741 [2011], Iv denied 18 NY3d 881 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Maria Vargas
v.
Akeyzya Vargas
Appellate Division of the Supreme Court of the State of New York.
Dec 27, 2011.
90 A.D.3d 1062
Cited by 2 opinions  |  Published

In a custody proceeding between a parent and a nonparent, “the parent has the superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right due to surrender, abandonment, persisting neglect, unfitness, or other like extraordinary circumstances” (Matter of Dungee v Simmons, 307 AD2d 312, 312-313 [2003]; see Matter of Ruiz v Travis, 84 AD3d 1242 [2011]). The burden of establishing the existence of extraordinary circumstances is on the party seeking to deprive the parent of custody (see Matter of Cambridge v Cambridge, 13 AD3d 443 [2004]). Where extraordinary circumstances are present, the court must then consider the best interests of the children in awarding custody (see Matter of Bennett v Jeffreys, 40 NY2d 543, 548 [1976]; Matter of Wright v Wright, 81 AD3d 740, 741 [2011]).

Here, the Family Court properly determined that the paternal grandmother sustained her burden of demonstrating extraordinary circumstances (see Matter of Barcellos v Warren-Kidd, 57 AD3d 984 [2008]; Matter of Donohue v Donohue, 44 AD3d 1042, 1043 [2007]). Moreover, the Family Court’s determination that an award of custody to the paternal grandmother would be in the best interests of the subject children is supported by a sound and substantial basis in the record (see Matter of Wright v Wright, 81 AD3d at 741; Matter of Barcellos v Warren-Kidd, 57 AD3d at 985).

The mother’s remaining contention is without merit. Dillon, J.E, Balkin, Leventhal and Chambers, JJ., concur.