Cameron ZZ. v. Ashton B., 148 A.D.3d 1234 (N.Y. App. Div. 2017). · Go Syfert
Cameron ZZ. v. Ashton B., 148 A.D.3d 1234 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Anne MM. v. Vasiliki NN. (nyappdiv, 2022-03-31)
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Anne MM. v. Vasiliki NN.
N.Y. App. Div. · 2022 · confidence medium
Footnote 2: Conversely, as a separate August 2021 order, upon consent of the parties, vacated the amended order of protection, the mother's challenge with regard thereto is now moot ( see Matter of Ramon U. v Nicia V. , 162 AD3d 1252 , 1252 [2018]; Matter of Cameron ZZ. v Ashton B. , 148 AD3d 1234, 1234 [2017]).
discussed Cited as authority (rule) Matter of Darnell R. v. Katie Q.
N.Y. App. Div. · 2021 · confidence medium
That petition was resolved in a February 2021 order — entered upon consent of the parties — that, among other things, directed that the mother continue to have sole legal and primary physical custody of the children and that the father have parenting time with the children every other weekend, with such parenting time taking place at his wife's residence and his wife being "substantially present." [FN1] Considering these circumstances, as well as the evidence establishing that the father is the sole living parent of the children's half brother and that the half brother resides with the fat…
discussed Cited as authority (rule) Matter of Cameron ZZ. v. Ashton B.
N.Y. App. Div. · 2020 · confidence medium
Footnotes Footnote 1: When these parties were previously before this Court disputing an earlier custody order, we affirmed a Family Court determination that awarded sole custody to the mother and found that the parties were unable to communicate or cooperate for the benefit of the child, based upon testimony that the father had threatened and harassed the mother and had acknowledged "that he and the mother ha[d] a 'severe' lack of communication" ( Matter of Cameron ZZ. v Ashton B. , 148 AD3d 1234, 1235 [2017]).
discussed Cited as authority (rule) Matter of Charles JJ. v. Andrea JJ.
N.Y. App. Div. · 2019 · confidence medium
Inasmuch as the subsequent orders address the issues challenged here, we agree with the attorney for the child that the appeal is moot and must be dismissed ( see Matter of Stephen K. v Sara J. , 170 AD3d 1466 , 1467 [2019]; Matter of Ramon U. v Nicia V. , 162 AD3d 1252 , 1252 [2018]; Matter of Cameron ZZ. v Ashton B. , 148 AD3d 1234, 1234 [2017]).
cited Cited as authority (rule) Matter of Christopher Y. v. Sheila Z.
N.Y. App. Div. · 2019 · confidence medium
These modifications render moot the arguments raised by the mother in [*2]her cross appeal, which is accordingly dismissed ( see Matter of Cameron ZZ. v Ashton B. , 148 AD3d 1234, 1234 [2017]).
discussed Cited as authority (rule) Matter of Sue-Je F. v. Alan G.
N.Y. App. Div. · 2018 · confidence medium
Although the relationship between the mother and the father was acrimonious after entry of the prior order, the evidence at the fact-finding hearing demonstrated that the parents' ability to communicate has continued to deteriorate to the point where they can no longer effectively work together pursuant to the prior custody and visitation schedule for the betterment of the child ( see generally Matter of Cameron ZZ. v Ashton B. , 148 AD3d 1234, 1235 [2017]; Matter of Cid v DiSanto , 122 AD3d 1094, 1096 [2014]).
discussed Cited as authority (rule) Matter of Dellapiana v. Dellapiana
N.Y. App. Div. · 2018 · confidence medium
Finally, the father's challenge to the visitation terms in the June 2016 order is moot in view of the father's subsequent petition to amend such terms and the entry of a superseding consent order in October 2017 ( see Matter of Cameron ZZ. v Ashton B. , 148 AD3d 1234, 1234 [2017]).
discussed Cited as authority (rule) Matter of Charles AA. v. Annie BB.
N.Y. App. Div. · 2018 · confidence medium
Given the foregoing and the parties' inability to cooperatively coparent, we find that there was a change in circumstances warranting an inquiry into the best interests of the children ( see Matter of David ZZ. v Suzane A. , 152 AD3d at 881; Matter of Cameron ZZ. v Ashton B. , 148 AD3d 1234, 1235 [2017]; Matter of Gerber v Gerber , 133 AD3d at 1136).
discussed Cited as authority (rule) Matter of Chase v. Chase
N.Y. App. Div. · 2017 · confidence medium
Notably, the court specified “that all prior [o]rders are hereby modified *997 and superseded.” While the issue of custody remained unchanged between the August 2015 order and the May 2017 order and, despite our inability to determine whether the mother relinquished her right to pursue this appeal due to the absence of the transcript of the 2017 proceeding before Family Court (see Matter of Cameron ZZ. v Ashton B., 148 AD3d 1234, 1234 [2017]; Matter of McKenna v McKenna, 137 AD3d 1464, 1465 [2016]), because Family Court’s order, which was entered on the consent of the parties, noted that…
cited Cited as authority (rule) Matter of David ZZ. v. Suzane A.
N.Y. App. Div. · 2017 · confidence medium
Ashton B., 148 AD3d 1234, 1235 [2017]).
discussed Cited "see" Matter of Anthony JJ. v. Angelin JJ.
N.Y. App. Div. · 2022 · signal: see · confidence high
"The required change in circumstances, in turn, may be found to exist where the parties' relationship has deteriorated to a point where there is no meaningful communication or cooperation for the sake of the child[ren]" ( Matter of Zahuranec v Zahuranec , 132 AD3d 1175, 1176 [3d Dept 2015] [internal quotation marks and citations omitted]; see Matter of Cameron ZZ. v Ashton B. , 148 AD3d 1234, 1235 [3d Dept 2017]).
Retrieving the full opinion text from the archive…
In the Matter of Cameron ZZ.
v.
Ashton B., (Proceeding No. 1.) In the Matter of Ashton B. v. Cameron ZZ., (Proceeding No. 2.) (And Two Other Related Proceedings.)
Appellate Division of the Supreme Court of the State of New York.
Mar 2, 2017.
148 A.D.3d 1234
Egan, McCarthy, Mulvey, Peters, Rose.
Cited by 11 opinions  |  Published
Rose, J.

Appeal from an order of the Family Court of Chemung County (Rich Jr., J.), entered April 20, 2015, which, among other things, granted petitioner’s application, in proceeding No. 2 pursuant to Family Ct Act article 6, to modify a prior order of custody and visitation.

Cameron ZZ. (hereinafter the father) and Ashton B. (hereinafter the mother) are the unmarried parents of a son born in 2013. In August 2014, Family Court entered an order granting the parties joint legal custody, with primary physical custody to the mother and a schedule of weekly visitation to the father. The father then commenced the first of these proceedings seeking to enforce his visitation rights as set forth in the August 2014 order. Thereafter, the mother filed a succession of modification, enforcement and family offense petitions against the father. Following a fact-finding hearing, Family Court dismissed the enforcement and family offense petitions and, in an April 2015 order, awarded sole legal custody and physical placement of the child to the mother, with visitation to the father every other weekend. The father now appeals.

Initially, we agree with the mother and the attorney for the child that the issue of visitation has been rendered moot by an April 2016 order of Family Court which, by agreement of the parties, modified the father’s visitation schedule and otherwise reimplemented the order on appeal (see Matter of Cole v Cole, 118 AD3d 1171, 1172 [2014]; compare Matter of Wagner v Wagner, 124 AD3d 1154, 1154 [2015]). We cannot agree, however, that the issue of custody has been rendered moot inasmuch as the subsequent order left the custody arrangement unchanged and there is no indication that the father, by agreeing to the reimplementation of the order on appeal, “relinquished h[is] right to pursue this custody appeal” (Matter of Siler v Wright, 64 AD3d 926, 927-928 [2009]).

[*1235] Turning to the merits, we áre unpersuaded by the father’s contention that the mother failed to establish a change in circumstances warranting a review of the child’s best interests. The mother’s proof demonstrated that, after the entry of the prior order, the father threatened and harassed her, and he acknowledged at the fact-finding hearing that he and the mother have a “severe” lack of communication. In our view, the record establishes that “the parties’ relationship has deteriorated to the point where they are incapable of working together in a cooperative fashion for the good of their child” and, thus, the requisite change in circumstances has occurred (Matter of Colleen GG. v Richard HH., 135 AD3d 1005, 1007 [2016]; see Matter of Kylene FF. v Thomas EE., 137 AD3d 1488, 1490 [2016]; Matter of Zahuranec v Zahuranec, 132 AD3d 1175, 1176 [2015]; Matter of Demers v McLear, 130 AD3d 1259, 1260-1261 [2015]).

Finally, the father raises no issue with respect to Family Court’s best interests determination and, in any event, our review confirms that Family Court’s decision to award the mother sole legal custody is supported by a sound and substantial basis in the record (see Matter of Tara AA. v Matthew BB., 139 AD3d 1136, 1138 [2016]).

Peters, P.J., McCarthy, Egan Jr. and Mulvey, JJ., concur.

Ordered that the order is affirmed, without costs.