In re Melissa FF., 285 A.D.2d 682 (N.Y. App. Div. 2001). · Go Syfert
In re Melissa FF., 285 A.D.2d 682 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
G Cite
14 citation events (14 in the last 25 years) across 1 distinct court.
Strongest positive: In re Arkadian S. (nyappdiv, 2015-07-02)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) In re Arkadian S.
N.Y. App. Div. · 2015 · confidence medium
The mother failed to make an “ ‘evidentiary showing sufficient to warrant a hearing’ ” on the issue of good cause to vacate the prior orders (Matter of Melissa FF., 285 AD2d 682, 684 [2001]; see Matter of Role HH. [Thomas HH.], 84 AD3d 1518, 1519 [2011]; Matter of Cadejah AA., 34 AD3d 1141, 1142 [2006]).
discussed Cited as authority (rule) In re Arkadian S.
N.Y. App. Div. · 2015 · confidence medium
The mother failed to make an “ ‘evidentiary showing sufficient to warrant a hearing’ ” on the issue of good cause to vacate the prior orders (Matter of Melissa FF., 285 AD2d 682, 684 [2001]; see Matter of Role HH. [Thomas HH.], 84 AD3d 1518, 1519 [2011]; Matter of Cadejah AA., 34 AD3d 1141, 1142 [2006]).
discussed Cited as authority (rule) Tanner v. Tanner
N.Y. App. Div. · 2006 · signal: cf. · confidence medium
In light of the presumption favoring visitation, lack of any prior order regarding custody and visitation, petitioner’s allegations that he formerly resided and had a meaningful relationship with the child, and the lack of sufficient information before Family Court to permit a comprehensive, independent review of the child’s best interest, we agree with petitioner that the court erred in dismissing the petition without a hearing (see Matter of Frierson v Goldston, supra at 614; Matter of Davies v Davies, 223 AD2d 884, 886-887 [1996]; Matter of Damien X., 217 AD2d 762, 763-764 [1995]; cf. M…
discussed Cited as authority (rule) In re Cadejah AA. (2×)
N.Y. App. Div. · 2006 · confidence medium
One who seeks relief pursuant to Family Ct Act § 1061 “ ‘is not automatically entitled to a hearing, but must make some evidentiary showing sufficient to warrant a hearing’ ” (Matter of Melissa FF., 285 AD2d 682, 683 [2001], quoting Matter of Milhollen v Voelpel, 270 AD2d 422, 423 [2000]).
discussed Cited as authority (rule) Carrie F. v. David PP.
N.Y. App. Div. · 2006 · confidence medium
That petition seeking custody was insufficient on its face because it failed to allege good cause for modification of the prior order (see Family Ct Act § 1061; Matter of Melissa FF., 285 AD2d 682, 683 [2001]).
discussed Cited as authority (rule) Critzer v. Mann
N.Y. App. Div. · 2005 · signal: cf. · confidence medium
“As the party seeking modification, petitioner was required ‘to make a sufficient evidentiary showing of a change in circumstances to warrant [an evidentiary] hearing’ ” (Matter of Gerow v Gerow, 257 AD2d 718, 718 [1999], quoting Matter of Krause v Krause, 233 AD2d 697, 698 [1996]; cf. Matter of Melissa FF., 285 AD2d 682, 683 [2001]).
Retrieving the full opinion text from the archive…
In the Matter of Melissa FF. and Others, Children Alleged to be Abused and/or Neglected. Sullivan County Department of Social Services, Respondent Edward FF.
Appellate Division of the Supreme Court of the State of New York.
Jul 5, 2001.
285 A.D.2d 682
2001 N.Y. App. Div. LEXIS 7017
III.
Cited by 13 opinions  |  Published
—Crew III, J.

Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered November 12, 1999, which dismissed respondent’s application, in a proceeding pursuant to Family Court Act article 10, for modification of prior orders of disposition and protection.

In December 1996, respondent was found to have sexually[*683] abused and neglected his two daughters and to have derivatively neglected his three sons. Family Court, thereafter, entered a dispositional order directing, inter alia, that respondent attend sex abuse counseling until given a positive discharge and prohibiting respondent from having any visitation with the children until further order of the court. An order of protection prohibiting respondent from having any contact with the children also was entered. Following a jury trial, respondent was found guilty of two counts of endangering the welfare of a child, pleaded guilty to two counts of sexual abuse in the first degree, upon which the jury had been unable to reach a verdict, and was sentenced to five years’ probation. Respondent subsequently violated his probation, whereupon he was sentenced to, inter alia, consecutive prison terms of BVs to 7 years.

In March 1999, respondent petitioned for visitation with his children. Family Court treated respondent’s application, which had been brought under Family Court Act article 6, as an application to modify the court’s prior dispositional order in the underlying Family Court Act article 10 proceeding (see, Family Ct Act § 1061). Family Court subsequently dismissed respondent’s application without a hearing, prompting this appeal.

The crux of respondent’s argument on appeal is that Family Court erred in summarily dismissing his application without conducting an evidentiary hearing. We cannot agree. Family Court Act § 1061 authorizes Family Court to, inter alia, modify any order issued in the course of a child protective proceeding “[flor good cause shown.” Although the “good cause” inquiry generally necessitates an evidentiary hearing (see, Matter of Angelina AA., 222 AD2d 967, 969), a parent seeking to modify a prior court order and obtain visitation pursuant to Family Court Act § 1061 bears the same initial burden as a parent seeking such relief under Family Court Act article 6 — namely, to tender a legally sufficient petition in the first instance (cf., Matter of Davies v Davies, 223 AD2d 884, 886). “One who seeks to modify an existing order of visitation is not automatically entitled to a hearing, but must make some evidentiary showing sufficient to warrant a hearing [citations omitted]” (Matter of Milhollen v Voelpel, 270 AD2d 422, 423; see, Matter of Krause v Krause, 233 AD2d 697, 698).

Here, in support of his petition for visitation, respondent offered nothing more than his conclusory assertion that such visitation would be in the children’s best interests because he was their father and the children needed both a mother and a father in their lives. In opposition to petitioner’s motion to[*684] dismiss, respondent repeated this belief, arguing that the perceived deterioration in the children’s overall well-being was the direct result of the children being deprived of access to him. In our view, respondent’s speculative and unsubstantiated assertions as to his children’s need for visitation with him and the benefits to be derived therefrom were insufficient to trigger an evidentiary hearing. Accordingly, Family Court’s order is affirmed.

Mercure, J. P., Peters, Mugglin and Lahtinen, JJ., concur. Ordered that the order is affirmed, without costs.