Aaron W. v. Shannon W., 96 A.D.3d 960 (N.Y. App. Div. 2012). · Go Syfert
Aaron W. v. Shannon W., 96 A.D.3d 960 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
39 citation events (39 in the last 25 years) across 4 distinct courts.
Strongest positive: Matter of Matilda B. (Gerald B.) (nyappdiv, 2020-10-09)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Matilda B. (Gerald B.)
N.Y. App. Div. · 2020 · confidence medium
Contrary to respondents' contentions that they should have been provided with separate counsel, respondents made a motion to Family Court requesting that the same counsel represent both of them, which the court properly granted ( see generally Matter of Jason C ., 268 AD2d 587, 587-588 [2d Dept 2000]), and thus respondents waived any challenge to joint representation ( see generally Matter of Aaron W. v Shannon W. , 96 AD3d 960, 962 [2d Dept 2012]).
discussed Cited as authority (rule) Matter of Rovner v. Rantzer
N.Y. App. Div. · 2016 · confidence medium
A party’s entitlement to be represented in ongoing litigation by counsel of his or her own choosing is a valued right which should not be abridged absent a clear showing that disqualification is warranted, and the movant bears the burden on the motion” (Campolongo v Campolongo, 2 AD3d 476, 476 [2003] [citations omitted]; see Matter of Nenninger v Kelly, 140 AD3d 961, 963 [2016]; Matter of Aaron W. v Shannon W., 96 AD3d 960, 962 [2012]).
discussed Cited as authority (rule) Matter of Keishaun P. (Tyrone P.)
N.Y. App. Div. · 2016 · confidence medium
This issue is unpreserved for appellate review because the appellant did not oppose ACS’s motion (see generally Matter of Aaron W. v Shannon W., 96 AD3d 960, 961 [2012]; Matter ofYamillette G. [Marlene M.], 74 AD3d at 1068 ).
cited Cited as authority (rule) Ike & Sam's Group, LLC v. Brach
N.Y. App. Div. · 2016 · confidence medium
Realty Assoc., 106 AD3d at 694; Matter of Aaron W. v Shannon W., 96 AD3d 960, 962 [2012]; Lake v Kaleida Health, 60 AD3d 1469, 1470 [2009]).
discussed Cited as authority (rule) Matter of Falabella v. Belits
N.Y. App. Div. · 2015 · confidence medium
Here, the Family Court’s determination that the best interests of the subject child would be served by awarding sole custody to the mother is supported by a sound and substantial basis in the record, and will not be disturbed (see Matter of Aaron W. v Shannon W., 96 AD3d 960, 961 [2012]; Matter of Laura A.K. v Timothy M., 204 AD2d 325, 326 [1994]).
discussed Cited as authority (rule) Bustamante v. Largue
N.Y. App. Div. · 2013 · confidence medium
The evidence clearly demonstrated that the parties’ relationship had deteriorated to the point that they did not speak to each other, one of the children had moved in with the father even before the father was awarded temporary custody, and the father was concerned that the mother had become involved in a relationship that would have a negative impact on the children (see Matter of Aaron W. v Shannon W., 96 AD3d 960, 961 [2012]).
discussed Cited as authority (rule) Bustamante v. Largue
N.Y. App. Div. · 2013 · confidence medium
The evidence clearly demonstrated that the parties’ relationship had deteriorated to the point that they did not speak to each other, one of the children had moved in with the father even before the father was awarded temporary custody, and the father was concerned that the mother had become involved in a relationship that would have a negative impact on the children (see Matter of Aaron W. v Shannon W., 96 AD3d 960, 961 [2012]).
discussed Cited as authority (rule) Hele Asset, LLC v. S.E.E. Realty Associates
N.Y. App. Div. · 2013 · confidence medium
If a party moving for disqualification was aware or should have been aware of the facts underlying an alleged conflict of interest for an extended period of time before bringing the motion, that party may be found to have waived any objection to the other party’s representation (see Matter of Aaron W. v Shannon W., 96 AD3d 960, 961 [2012]; Lake v Kaleida Health, 60 AD3d 1469, 1470 [2009]).
discussed Cited as authority (rule) Hele Asset, LLC v. S.E.E. Realty Associates
N.Y. App. Div. · 2013 · confidence medium
If a party moving for disqualification was aware or should have been aware of the facts underlying an alleged conflict of interest for an extended period of time before bringing the motion, that party may be found to have waived any objection to the other party’s representation (see Matter of Aaron W. v Shannon W., 96 AD3d 960, 961 [2012]; Lake v Kaleida Health, 60 AD3d 1469, 1470 [2009]).
discussed Cited as authority (rule) Shirley v. Shirley
N.Y. App. Div. · 2012 · confidence medium
Moreover, although we are of the view that the limited proof received by Supreme Court with regard to events that predated the prior custody order was properly considered in the context of the best interests analysis (cf. Matter of Baker v Baker, 283 AD2d 730, 731 [2001], lv denied 96 NY2d 720 [2001]), any error in this regard may be deemed harmless in light of the remaining proof adduced at the hearing (see generally Matter of Aaron W. v Shannon W., 96 AD3d 960, 961 [2012]; Matter of Anjoulic J., 18 AD3d at 987 ).
discussed Cited as authority (rule) Shirley v. Shirley
N.Y. App. Div. · 2012 · confidence medium
Moreover, although we are of the view that the limited proof received by Supreme Court with regard to events that predated the prior custody order was properly considered in the context of the best interests analysis (cf. Matter of Baker v Baker, 283 AD2d 730, 731 [2001], lv denied 96 NY2d 720 [2001]), any error in this regard may be deemed harmless in light of the remaining proof adduced at the hearing (see generally Matter of Aaron W. v Shannon W., 96 AD3d 960, 961 [2012]; Matter of Anjoulic J., 18 AD3d at 987 ).
cited Cited "see" T.I. v. R.I.
N.Y. Sup. Kings · 2025 · signal: see · confidence high
Campolongo , 2 AD3d 476, 476 [2003] [citation omitted]; see Matter of Aaron W. v Shannon W. , 96 AD3d 960, 962 [ 2 Dept.,2012]).
cited Cited "see" T.I. v. R.I.
N.Y. Sup. Kings · 2025 · signal: see · confidence high
Campolongo , 2 AD3d 476, 476 [2003] [citation omitted]; see Matter of Aaron W. v Shannon W. , 96 AD3d 960, 962 [ 2 Dept.,2012]).
discussed Cited "see" Matter of Nenninger v. Kelly
N.Y. App. Div. · 2016 · signal: see · confidence high
“A party’s entitlement to be represented in ongoing litigation by counsel of his or her own choosing is a valued right which should not be abridged absent a clear showing that disqualification is warranted, and the movant bears the burden on the motion” (Campolongo v Campolongo, 2 AD3d 476, 476 [2003] [citation omitted]; see Matter of Aaron W. v Shannon W., 96 AD3d 960, 962 [2012]).
cited Cited "see" Matter of Valencia v. Ripley
N.Y. App. Div. · 2015 · signal: see · confidence high
Realty Assoc., 106 AD3d at 694; see Matter of Aaron W. v Shannon W., 96 AD3d 960, 961 [2012]).
discussed Cited "see, e.g." Matter of Tina X. v. John X.
N.Y. App. Div. · 2016 · signal: see also · confidence medium
Here, there is nothing in the record to indicate that Bielicki used any information obtained during the prior criminal action to gain an unfair advantage in this custody proceeding (see Matter of Richard UU., 56 AD3d 973 , 978 [2008]; Matter of Matthew FF., 179 AD2d at 928-929 ; see also Matter of Aaron W. v Shannon W., 96 AD3d 960, 962 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Aaron W.
v.
Shannon W.
Appellate Division of the Supreme Court of the State of New York.
Jun 20, 2012.
96 A.D.3d 960
Cited by 31 opinions  |  Published

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her reply brief, from so much of an order of the Family Court, Orange County (Currier-Woods, J.), dated August 11, 2010, as, after a hearing, granted the father’s cross petition to modify a prior order of the same court dated February 24, 2009, which, upon a stipulation of the parties, awarded the parties joint legal and physical custody of the parties’ child, so as to award him sole legal and physical custody of the parties’ child, with visitation to her.

Ordered that the order dated August 11, 2010, is affirmed insofar as appealed from, with costs to the respondent.

“An agreement between parents concerning custody will not be set aside unless there is a sufficient change in circumstances since the time of the agreement and unless the modification of the custody agreement is in the best interests of the child”[*961] based on the totality of the circumstances (Matter of Tercjak v Tercjak, 49 AD3d 772, 772 [2008]; see Matter of Picado v Doan, 90 AD3d 932, 932-933 [2011]). “Since custody determinations turn in large part on assessments of the credibility, character, temperament and sincerity of the parties, the Family Court’s determination should not be disturbed unless it lacks a sound and substantial basis in the record” (Matter of Picado v Doan, 90 AD3d at 933 [internal quotation marks omitted]).

The Family Court’s determination that joint custody of the parties’ child was no longer a viable option due to the increased animosity between the parties has a sound and substantial basis in the record (id.; see Matter of Pavone v Bronson, 88 AD3d 724, 725 [2011]; Matter of Gorniok v Zeledon-Mussio, 82 AD3d 767, 768 [2011]; Matter of Manfredo v Manfredo, 53 AD3d 498, 500 [2008]). Notably, the mother’s contention that no change in circumstances occurred warranting the termination of joint custody is belied by her own testimony at the hearing.

In addition, the Family Court’s determination that an award of sole custody to the father was in the child’s best interests has a sound and substantial basis in the record, as the evidence demonstrated that the father is more likely to put the child’s best interests ahead of his own and to foster a relationship between her and the mother (see Matter of Picado v Doan, 90 AD3d at 933; Matter of Manfredo v Manfredo, 53 AD3d at 499-500; Matter of Rodriguez v Irizarry, 29 AD3d 704 [2006]; cf. Matter of Parliman v Labriola, 87 AD3d 1144, 1145 [2011]).

The mother contends that the Family Court improvidently exercised its discretion in admitting into evidence the reports of the neutral forensic psychologist because, inter alia, the reports contained inadmissible hearsay and were not submitted under oath as required by 22 NYCRR 202.16 (g) (2). The mother failed to preserve these contentions for appellate review, as she did not make these specific objections before the Family Court (see Matter of Matthews v Matthews, 72 AD3d 1631, 1632 [2010]; Matter of Rush v Rush, 201 AD2d 836, 837 [1994]). In any event, there is a sound and substantial basis in the record for the Family Court’s determination without consideration of the forensic reports (see Matter of Tercjak v Tercjak, 49 AD3d at 773; Matter of D’Esposito v Kepler, 14 AD3d 509, 510 [2005]; Murtari v Murtari, 249 AD2d 960, 961 [1998], cert denied 525 US 1072 [1999]).

Lastly, this appeal brings up for review the Family Court’s order dated June 28, 2010, which denied the separate motions of the mother and the former attorney for the child to disqualify the father’s counsel from representing him in this proceeding[*962] (see CPLR 5501 [a] [1]; Matter of Zirkind v Zirkind, 218 AD2d 745, 745-746 [1995]). The mother contends that the father’s counsel should have been disqualified from representing the father because he also represented the children of the mother’s live-in boyfriend in a separate proceeding to which neither the mother nor the father are parties.

“[T]he disqualification of an attorney is a matter which rests within the sound discretion of the court. A party’s entitlement to be represented in ongoing litigation by counsel of his or her own choosing is a valued right which should not be abridged absent a clear showing that disqualification is warranted, and the movant bears the burden on the motion” (Campolongo v Campolongo, 2 AD3d 476, 476 [2003] [citations omitted]; see Horn v Municipal Info. Servs., 282 AD2d 712 [2001]). Here, the Family Court properly denied the separate motions to disqualify the father’s counsel. The mother brought this issue to the Family Court’s attention after the hearing was already underway, even though various documents reflect that she was aware of the dual representation at least eight months before the hearing. Accordingly, the mother waived any objection to the father’s dual representation (see Matter of Lovitch v Lovitch, 64 AD3d 710, 711 [2009]; cf. M.A.C. Duff, Inc. v ASMAC, LLC, 61 AD3d 828, 830 [2009]). Moreover, we agree with the father and the child’s current attorney that neither the mother nor the child suffered any prejudice under the specific circumstances of this case. Balkin, J.P., Eng, Leventhal and Chambers, JJ., concur.