Miller v. Miller, 90 A.D.3d 1185 (N.Y. App. Div. 2011). · Go Syfert
Miller v. Miller, 90 A.D.3d 1185 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Marisol Y. v. Steven Z. (nyappdiv, 2026-04-09)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Marisol Y. v. Steven Z.
N.Y. App. Div. · 2026 · confidence medium
The mother appeals, and we affirm.</p> <p>A violation petition is subject to the pleading requirements of CPLR 3013 and must be sufficiently particular to provide the court and the opposing party with notice of the occurrences to be proved and the material elements of the alleged violation (<i>see</i> Family Ct Act § 165 [a]; <i>Matter of Tomomi N. v Michael G.</i>, 237 AD3d 436 , 437 [1st Dept 2025]; <i>Matter of Tonya YY. v James ZZ.</i>, 220 AD3d 1149, 1149-1150 [3d Dept 2023]; <i>Matter of Miller v Miller</i>, 90 AD3d 1185, 1186 [3d Dept 2011], <i>lv dismissed </i> 18 NY3d 944 [2012]). "[…
discussed Cited as authority (rule) Matter of Tonya YY. v. James ZZ. (2×) also: Cited "see"
N.Y. App. Div. · 2023 · confidence medium
A violation petition is "subject to the requirements of CPLR 3013, and thus [is] required to be sufficiently particular as to provide notice to the court and opposing party of the occurrences to be proved and the material elements of each cause of action" ( Matter of Miller v Miller , 90 AD3d 1185, 1186 [3d Dept 2011] [internal quotation marks and citation omitted], lv dismissed 18 NY3d 944 [2012]).
discussed Cited as authority (rule) Young v. Fitzpatrick
N.Y. App. Div. · 2013 · confidence medium
The mother’s petition was subject to the requirements of CPLR 3013 and, thus, the factual allegations contained therein were required to be “sufficiently particular to give the court and parties notice of the . . . occurrences . . . intended to be proved and the material elements of each cause of action” (CPLR 3013; see Matter of Little v Renz, 90 AD3d 757 [2011]; Matter of Miller v Miller, 90 AD3d 1185, 1186 [2011]).
discussed Cited as authority (rule) Young v. Fitzpatrick
N.Y. App. Div. · 2013 · confidence medium
The mother’s petition was subject to the requirements of CPLR 3013 and, thus, the factual allegations contained therein were required to be “sufficiently particular to give the court and parties notice of the . . . occurrences . . . intended to be proved and the material elements of each cause of action” (CPLR 3013; see Matter of Little v Renz, 90 AD3d 757 [2011]; Matter of Miller v Miller, 90 AD3d 1185, 1186 [2011]).
discussed Cited as authority (rule) Perez v. Richmond
N.Y. App. Div. · 2013 · confidence medium
The father failed to allege that the mother significantly defeated, impaired, impeded, or prejudiced his rights (see Judiciary Law § 753 [A]; Matter of Miller v Miller, 90 AD3d 1185, 1186 [2011]; Matter of Giousos v Giousos, 73 AD3d 775, 776 [2010]; Matter of Terry v Oliver, 63 AD3d 1079, 1080 [2009]; Matter of Gonzalez v Hunter, 50 AD3d 1262, 1264 [2008]).
discussed Cited as authority (rule) Perez v. Richmond
N.Y. App. Div. · 2013 · confidence medium
The father failed to allege that the mother significantly defeated, impaired, impeded, or prejudiced his rights (see Judiciary Law § 753 [A]; Matter of Miller v Miller, 90 AD3d 1185, 1186 [2011]; Matter of Giousos v Giousos, 73 AD3d 775, 776 [2010]; Matter of Terry v Oliver, 63 AD3d 1079, 1080 [2009]; Matter of Gonzalez v Hunter, 50 AD3d 1262, 1264 [2008]).
discussed Cited "see" Matter of Koska v. Koska
N.Y. App. Div. · 2024 · signal: see · confidence high
Even assuming the father adequately alleged a violation of the August 2020 order, he failed to set forth facts that could support a finding that the mother "significantly defeated, impaired, impeded, or prejudiced his rights" ( Matter of Perez v Richmond , 104 AD3d at 692 ; see Matter of Miller v Miller , 90 AD3d at 1186 ; Matter of Terry v Oliver , 63 AD3d at 1080 ).
Retrieving the full opinion text from the archive…
In the Matter of Raymond C. Miller Sr.
v.
Patricia A. Miller
Appellate Division of the Supreme Court of the State of New York.
Dec 8, 2011.
90 A.D.3d 1185
Garry.
Cited by 6 opinions  |  Published
Garry, J.

The parties are the parents of two children, born in 2004 and 2005. A custody order entered in March 2008 granted sole legal custody to respondent (hereinafter the mother) with visitation to petitioner (hereinafter the father) as agreed between the parties. Among other provisions, it further required that the children be properly supervised at all times and that neither parent smoke or allow a third party to smoke in a vehicle in which the children are passengers. In June 2010, the father filed a violation petition alleging that the mother was in contempt of this order in that she failed to properly supervise and discipline the children, as she had permitted the older child to be violent towards others and to smoke. Finding that the petition lacked[*1186] sufficient specificity to provide the mother with proper notice and failed to outline how the father’s rights had been prejudiced, Family Court dismissed the petition without a hearing, but ordered a neglect investigation by the St. Lawrence County Department of Social Services. The father appeals, contending that a hearing was required.

We affirm. The petition was subject to the requirements of CPLR 3013, and thus required to “be sufficiently particular” as to provide notice to the court and opposing party of the occurrences to be proved and the material elements of each cause of action (CPLR 3013; see Family Ct Act § 165 [a]). The generalized allegations of the subject petition, even liberally construed, failed to provide the mother with notice of a particular event or violation such that she could prepare a defense (see CPLR 3026; Siegel, NY Prac § 208, at 344 [4th ed]). Further, the father failed to assert how the mother’s alleged failings “ ‘defeated, impaired, impeded or prejudiced’ ” his rights, as required to sustain a civil contempt finding (Matter of Lagano v Soule, 86 AD3d 665, 666 [2011], quoting Matter of Aurelia v Aurelia, 56 AD3d 963, 964 [2008]). Finally, although Family Court properly ordered an investigation to determine whether a neglect or abuse proceeding should be initiated, this protective measure did not serve to remedy the defects in the father’s petition. Accordingly, we find no error in the dismissal of the petition without a hearing (see Matter of Brown v Mudry, 55 AD3d 828, 828 [2008]; Matter of Brennan v Anesi, 283 AD2d 693, 694 [2001]).

Peters, J.E, Spain, McCarthy and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.