Battaglia v. Hopkins, 280 A.D.2d 953 (N.Y. App. Div. 2001). · Go Syfert
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Battaglia v. Hopkins, 280 A.D.2d 953 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Jennifer L.B. v. Jared R.B.
N.Y. App. Div. · 2006 · confidence medium
Family Court’s determination that the proposed relocation would not be in the children’s best interests has a sound and substantial basis in the record and thus will not be disturbed (see generally Matter of Battaglia v Hopkins, 280 AD2d 953, 954 [2001]; White v White, 209 AD2d 949 [1994], lv dismissed 85 NY2d 924 [1995]).
discussed Cited as authority (rule) Wright v. Dunham
N.Y. App. Div. · 2004 · confidence medium
We reject petitioner’s contention that Family Court’s determination lacks a substantial basis in the record (see generally Matter of Tropea v Tropea, 87 NY2d 727, 739-742 [1996]; Matter of Battaglia v Hopkins, 280 AD2d 953, 954 [2001]).
discussed Cited "see" Grant v. Grant
N.Y. App. Div. · 2012 · signal: see · confidence high
“The determination of the trial court, which heard and observed the witnesses, is entitled to great deference and should not be disturbed where, as here, it had a sound and substantial basis in the record” (Salerno v Salerno, 273 AD2d 818, 818 [2000]; see Matter of Battaglia v Hopkins, 280 AD2d 953, 954 [2001]).
discussed Cited "see" GRANT, BETH ANNE v. GRANT, SCOTT C.
N.Y. App. Div. · 2012 · signal: see · confidence high
“The determination of the trial court, which heard and observed the witnesses, is entitled to great deference and should not be disturbed where, as here, it had a sound and substantial basis in the record” (Salerno v Salerno, 273 AD2d 818, 818 ; see Matter of Battaglia v Hopkins, 280 AD2d 953, 954 ).
discussed Cited "see" Grant v. Grant
N.Y. App. Div. · 2012 · signal: see · confidence high
“The determination of the trial court, which heard and observed the witnesses, is entitled to great deference and should not be disturbed where, as here, it had a sound and substantial basis in the record” (Salerno v Salerno, 273 AD2d 818, 818 [2000]; see Matter of Battaglia v Hopkins, 280 AD2d 953, 954 [2001]).
discussed Cited "see" Murphy v. Peace
N.Y. App. Div. · 2010 · signal: see · confidence high
Further, his determination that the mother failed to establish that the lives of the mother and the child would “be enhanced economically, emotionally and educationally,by the move” has a sound and substantial basis in the record and thus should not be disturbed (id. at 741; see Matter of Cunningham v Sudduth, 50 AD3d 1623 [2008]; Matter of Jennifer L.B. v Jared R.B., 32 AD3d 1174, 1175 [2006]; see generally Matter of Battaglia v Hopkins, 280 AD2d 953 [2001]).
Retrieving the full opinion text from the archive…
In the Matter of Joseph Battaglia
v.
Kimberly Hopkins
Appellate Division of the Supreme Court of the State of New York.
Feb 7, 2001.
280 A.D.2d 953
Cited by 8 opinions  |  Published

—Order unanimously affirmed without costs. Memorandum: Petitioner father, who previously had been awarded custody of the parties’ two children, commenced a proceeding seeking permission to relocate to North Carolina with the children, and respondent mother cross-petitioned for sole custody. Family Court denied[*954] the petition and cross petition, and petitioner appeals. The court properly considered the opinions of the expert (see, Salerno v Salerno, 273 AD2d 818) and the Law Guardian (see generally, Matter of Perry v Perry, 194 AD2d 837, 838) and applied the factors set forth in Matter of Tropea v Tropea (87 NY2d 727, 740-741) in denying the petition to relocate. “The determination of the trial court, which heard and observed the witnesses, is entitled to great deference and should not be disturbed where, as here, it had a sound and substantial basis in the record” (Salerno v Salerno, supra, at 818). (Appeal from Order of Niagara County Family Court, Fricano, J. — Custody.) Present — Pigott, Jr., P. J., Green, Hayes, Scudder and Kehoe, JJ.