children violation (New York) · Go Syfert
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children violation in New York

29 New York opinions name it 4 courts 1922–2021 2 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (29)

CaseFollowedCited
In re Arianna M.green
nyappdiv · 2013 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Furthermore, the trial court’s “findings of fact are accorded deference and will not be disturbed unless they lack a sound and substantial basis in the record” (Matter of Kaleb U. [Heather V. — Ryan U], 77 AD3d 1097, 1098 [2010]; see Matter of Arianna M. [Brian M.], 105 AD3d 1401 , 1401 [2013], lv denied 21 NY3d 862 [2013]).

2014Furthermore, the trial court’s “findings of fact are accorded deference and will not be disturbed unless they lack a sound and substantial basis in the record” (Matter of Kaleb U. [Heather V. — Ryan U], 77 AD3d 1097, 1098 [2010]; see Matter of Arianna M. [Brian M.], 105 AD3d 1401 , 1401 [2013], lv denied 21 NY3d 862 [2013]).

33
In re Kaleb U.green
nyappdiv · 2010 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Furthermore, the trial court’s “findings of fact are accorded deference and will not be disturbed unless they lack a sound and substantial basis in the record” (Matter of Kaleb U. [Heather V. — Ryan U], 77 AD3d 1097, 1098 [2010]; see Matter of Arianna M. [Brian M.], 105 AD3d 1401 , 1401 [2013], lv denied 21 NY3d 862 [2013]).

2014Furthermore, the trial court’s “findings of fact are accorded deference and will not be disturbed unless they lack a sound and substantial basis in the record” (Matter of Kaleb U. [Heather V. — Ryan U], 77 AD3d 1097, 1098 [2010]; see Matter of Arianna M. [Brian M.], 105 AD3d 1401 , 1401 [2013], lv denied 21 NY3d 862 [2013]).

23
Nicholson v. Scoppettagreen
ny · 2004 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Inasmuch as the petition alleged that the mother neglected the children in violation of Family Court Act § 1012 (f) (i) (B), the burden was on petitioner to “demonstrate by a preponderance of the evidence ‘first, that [the] child[ren]’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child [ren] is a consequence of the failure of the parent ... to exercise a minimum degree of care in providing the child[ren] with proper supervision or guardianship’ ” (Matter of Ilona H. [Elton HJ, 93 A

2014Inasmuch as the petition alleged that the mother neglected the children in violation of Family Court Act § 1012 (f) (i) (B), the burden was on petitioner to “demonstrate by a preponderance of the evidence ‘first, that [the] child[ren]’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child [ren] is a consequence of the failure of the parent ... to exercise a minimum degree of care in providing the child[ren] with proper supervision or guardianship’ ” (Matter of Ilona H. [Elton HJ, 93 A

23
Adinolfi v. Adinolfigreen
nyappdiv · 1990 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013Moreover, at the hearing on the parties’ petitions, the mother failed to request either a reallocation of the parties’ responsibility for fees for the attorney for the children or a hearing on the matter (cf. Adinolfi v Adinolfi, 168 AD2d 401, 402 [1990]).

2013Moreover, at the hearing on the parties’ petitions, the mother failed to request either a reallocation of the parties’ responsibility for fees for the attorney for the children or a hearing on the matter (cf. Adinolfi v Adinolfi, 168 AD2d 401, 402 [1990]).

22
In re Alyshia M.R.green
nyappdiv · 2008 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011With respect to the brothers, the Referee determined that she “was unable to assess whether the children or foster parent had changed their positions because they were not present.” We conclude that, under the circumstances of this case, the absence of the children from the hearing was not a rational basis for rejecting the permanency goal of APPLA where the Referee had sufficient information to determine the best interests of the children (see generally Veronica S. v Philip R.S., 70 AD3d 1459, 1460 ; Matter of Tonjaleah H., 63 AD3d 1611 ; Matter of Alyshia M.R., 53 AD3d 1060, 1061-1062 , lv d

2011With respect to the brothers, the Referee determined that she “was unable to assess whether the children or foster parent had changed their positions because they were not present.” We conclude that, under the circumstances of this case, the absence of the children from the hearing was not a rational basis for rejecting the permanency goal of APPLA where the Referee had sufficient information to determine the best interests of the children (see generally Veronica S. v Philip R.S., 70 AD3d 1459, 1460 [2010]; Matter of Tonjaleah H., 63 AD3d 1611 [2009]; Matter of Alyshia M.R., 53 AD3d 1060, 1061

12
Veronica S. v. Philip R.S.green
nyappdiv · 2010 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011With respect to the brothers, the Referee determined that she “was unable to assess whether the children or foster parent had changed their positions because they were not present.” We conclude that, under the circumstances of this case, the absence of the children from the hearing was not a rational basis for rejecting the permanency goal of APPLA where the Referee had sufficient information to determine the best interests of the children (see generally Veronica S. v Philip R.S., 70 AD3d 1459, 1460 ; Matter of Tonjaleah H., 63 AD3d 1611 ; Matter of Alyshia M.R., 53 AD3d 1060, 1061-1062 , lv d

2011With respect to the brothers, the Referee determined that she “was unable to assess whether the children or foster parent had changed their positions because they were not present.” We conclude that, under the circumstances of this case, the absence of the children from the hearing was not a rational basis for rejecting the permanency goal of APPLA where the Referee had sufficient information to determine the best interests of the children (see generally Veronica S. v Philip R.S., 70 AD3d 1459, 1460 [2010]; Matter of Tonjaleah H., 63 AD3d 1611 [2009]; Matter of Alyshia M.R., 53 AD3d 1060, 1061

12
Brown v. Eleygreen
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2021–2021
1 sentence

2021"We must remain vigilant that the ultimate issue here is what is in the children's best interests, not whether the mother should be punished for her actions" ( Matter of Brown v Eley , 107 AD3d 1334, 1336 [2013] [internal quotation marks, brackets and citations omitted]).

11
Siler v. Wrightgreen
nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017We further conclude that, based upon the instability of the mother’s living arrangements and its impact upon the children’s education and the evidence of domestic violence, the requisite change in circumstances exists warranting a best interests of the children analysis (see Matter of Hamilton v Anderson, 99 AD3d 1077, 1078-1079 [2012]; Matter of Siler v Wright, 64 AD3d 926, 928 [2009]).

11
Hamilton v. Andersongreen
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017We further conclude that, based upon the instability of the mother’s living arrangements and its impact upon the children’s education and the evidence of domestic violence, the requisite change in circumstances exists warranting a best interests of the children analysis (see Matter of Hamilton v Anderson, 99 AD3d 1077, 1078-1079 [2012]; Matter of Siler v Wright, 64 AD3d 926, 928 [2009]).

11
Matter of Normile v. Stalkergreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017The various factors that a court must assess in determining the best interests of the children include “maintaining stability in the children’s lives, the wishes of the children, the parties’ fitness and ability to provide for the children’s intellectual and emotional development, the willingness of each parent to foster a relationship with the other, each parent’s past performance and the quality of the respective home environments” (Matter of Normile v Stalker, 140 AD3d 1233, 1234 [2016] [internal brackets, quotation marks and citations omitted]; see Matter of Snow v Dunbar, 147 AD3d 1242, 1

11
Matter of Snow v. Dunbargreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017The various factors that a court must assess in determining the best interests of the children include “maintaining stability in the children’s lives, the wishes of the children, the parties’ fitness and ability to provide for the children’s intellectual and emotional development, the willingness of each parent to foster a relationship with the other, each parent’s past performance and the quality of the respective home environments” (Matter of Normile v Stalker, 140 AD3d 1233, 1234 [2016] [internal brackets, quotation marks and citations omitted]; see Matter of Snow v Dunbar, 147 AD3d 1242, 1

11
Robinson v. Davisgreen
nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016We accord due deference to Family Court’s findings and credibility determinations and will not disturb them so long as they are supported by a sound and substantial basis in the record (see Matter of Trimble v Trimble, 125 AD3d 1153, 1154 [2015]; Matter of Poremba v Poremba, 93 AD3d 1115, 1117 [2012]; Matter of Robinson v Davis, 58 AD3d 1041, 1042 [2009]).

11
Poremba v. Porembagreen
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016We accord due deference to Family Court’s findings and credibility determinations and will not disturb them so long as they are supported by a sound and substantial basis in the record (see Matter of Trimble v Trimble, 125 AD3d 1153, 1154 [2015]; Matter of Poremba v Poremba, 93 AD3d 1115, 1117 [2012]; Matter of Robinson v Davis, 58 AD3d 1041, 1042 [2009]).

11
Martin v. Millsgreen
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016While Family Court’s order did not specifically recite the facts forming its basis for finding a change in circumstances, because we have the authority to independently review the record and make this determination, it is unnecessary to remit the matter on this issue (see Matter of Martin v Mills, 94 AD3d 1364, 1365 [2012]).

11
Matter of Trimble v. Trimblegreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016We accord due deference to Family Court’s findings and credibility determinations and will not disturb them so long as they are supported by a sound and substantial basis in the record (see Matter of Trimble v Trimble, 125 AD3d 1153, 1154 [2015]; Matter of Poremba v Poremba, 93 AD3d 1115, 1117 [2012]; Matter of Robinson v Davis, 58 AD3d 1041, 1042 [2009]).

11
Matter of Menhennett v. Bixbygreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Initially, when a party seeks a modification of an existing custody order, such party must first show a change in circumstances, and when this showing is satisfied, the court then undertakes a best interests of the children analysis to see if a modification is warranted (see Matter of Bush v Miller, 136 AD3d 1238, 1239 [2016]; Matter of Menhennett v Bixby, 132 AD3d 1177, 1179 [2015]).

11
Matter of Bush v. Millergreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Initially, when a party seeks a modification of an existing custody order, such party must first show a change in circumstances, and when this showing is satisfied, the court then undertakes a best interests of the children analysis to see if a modification is warranted (see Matter of Bush v Miller, 136 AD3d 1238, 1239 [2016]; Matter of Menhennett v Bixby, 132 AD3d 1177, 1179 [2015]).

11
Gomez v. Floral Park-Bellrose Union Free School Districtgreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2015–2015
11
Shannon J. v. Aaron P.green
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2015–2015
11
In re Mahogany Z.green
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2011–2011
11
In re of Amber C.green
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2011–2011
11
In re Albert Francis B.green
nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2011–2011
11
In re Matthew C.green
nyappdiv · 1996 · cited in 1 New York opinions naming this issue, 2011–2011
11
In the Matter of Amber C.green
ny · 2008 · cited in 1 New York opinions naming this issue, 2011–2011
11
In re Evangeline X.green
nyappdiv · 1998 · cited in 1 New York opinions naming this issue, 2004–2004
11
In re Karl L.green
nyappdiv · 1996 · cited in 1 New York opinions naming this issue, 2004–2004
11
Orlando v. Orlandogreen
nyappdiv · 1995 · cited in 1 New York opinions naming this issue, 1997–1997
11
Weiss v. Weissgreen
ny · 1981 · cited in 1 New York opinions naming this issue, 1984–1984
11
Finlay v. Finlaygreen
ny · 1925 · cited in 1 New York opinions naming this issue, 1978–1978
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (28)

CaseCitedYears
In re Ilona H. green
nyappdiv · 2012
2 sentences

2014Inasmuch as the petition alleged that the mother neglected the children in violation of Family Court Act § 1012 (f) (i) (B), the burden was on petitioner to “demonstrate by a preponderance of the evidence ‘first, that [the] child[ren]’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child [ren] is a consequence of the failure of the parent ... to exercise a minimum degree of care in providing the child[ren] with proper supervision or guardianship’ ” (Matter of Ilona H. [Elton HJ, 93 A

2014Inasmuch as the petition alleged that the mother neglected the children in violation of Family Court Act § 1012 (f) (i) (B), the burden was on petitioner to “demonstrate by a preponderance of the evidence ‘first, that [the] child[ren]’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child [ren] is a consequence of the failure of the parent ... to exercise a minimum degree of care in providing the child[ren] with proper supervision or guardianship’ ” (Matter of Ilona H. [Elton HJ, 93 A

32014–2014
Shockome v. Shockome green
nyappdiv · 2008
2 sentences

2014Under these circumstances, the Family Court providently exercised its discretion in directing the father not to contact the children unless they initiate such contact and to not contact the mother regarding the children (see Matter of Krasner v Krasner, 94 AD3d 763 [2012]; Matter of David V. v Rosalind W., 62 AD3d 717 [2009]; Matter of Mohabir v Singh, 78 AD3d 1056 [2010]; Matter of Shockome v Shockome, 53 AD3d 618 [2008]; see also Family Ct Act § 844; cf. Matter of Ice S., 30 AD3d 428 [2006]; Matter of Anaya v Hundley, 12 AD3d 594 [2004]).

2014Under these circumstances, the Family Court providently exercised its discretion in directing the father not to contact the children unless they initiate such contact and to not contact the mother regarding the children (see Matter of Krasner v Krasner, 94 AD3d 763 [2012]; Matter of David V. v Rosalind W., 62 AD3d 717 [2009]; Matter of Mohabir v Singh, 78 AD3d 1056 [2010]; Matter of Shockome v Shockome, 53 AD3d 618 [2008]; see also Family Ct Act § 844; cf. Matter of Ice S., 30 AD3d 428 [2006]; Matter of Anaya v Hundley, 12 AD3d 594 [2004]).

22014–2014
David V. v. Rosalind W. green
nyappdiv · 2009
2 sentences

2014Under these circumstances, the Family Court providently exercised its discretion in directing the father not to contact the children unless they initiate such contact and to not contact the mother regarding the children (see Matter of Krasner v Krasner, 94 AD3d 763 [2012]; Matter of David V. v Rosalind W., 62 AD3d 717 [2009]; Matter of Mohabir v Singh, 78 AD3d 1056 [2010]; Matter of Shockome v Shockome, 53 AD3d 618 [2008]; see also Family Ct Act § 844; cf. Matter of Ice S., 30 AD3d 428 [2006]; Matter of Anaya v Hundley, 12 AD3d 594 [2004]).

2014Under these circumstances, the Family Court providently exercised its discretion in directing the father not to contact the children unless they initiate such contact and to not contact the mother regarding the children (see Matter of Krasner v Krasner, 94 AD3d 763 [2012]; Matter of David V. v Rosalind W., 62 AD3d 717 [2009]; Matter of Mohabir v Singh, 78 AD3d 1056 [2010]; Matter of Shockome v Shockome, 53 AD3d 618 [2008]; see also Family Ct Act § 844; cf. Matter of Ice S., 30 AD3d 428 [2006]; Matter of Anaya v Hundley, 12 AD3d 594 [2004]).

22014–2014
Mohabir v. Singh green
nyappdiv · 2010
2 sentences

2014Under these circumstances, the Family Court providently exercised its discretion in directing the father not to contact the children unless they initiate such contact and to not contact the mother regarding the children (see Matter of Krasner v Krasner, 94 AD3d 763 [2012]; Matter of David V. v Rosalind W., 62 AD3d 717 [2009]; Matter of Mohabir v Singh, 78 AD3d 1056 [2010]; Matter of Shockome v Shockome, 53 AD3d 618 [2008]; see also Family Ct Act § 844; cf. Matter of Ice S., 30 AD3d 428 [2006]; Matter of Anaya v Hundley, 12 AD3d 594 [2004]).

2014Under these circumstances, the Family Court providently exercised its discretion in directing the father not to contact the children unless they initiate such contact and to not contact the mother regarding the children (see Matter of Krasner v Krasner, 94 AD3d 763 [2012]; Matter of David V. v Rosalind W., 62 AD3d 717 [2009]; Matter of Mohabir v Singh, 78 AD3d 1056 [2010]; Matter of Shockome v Shockome, 53 AD3d 618 [2008]; see also Family Ct Act § 844; cf. Matter of Ice S., 30 AD3d 428 [2006]; Matter of Anaya v Hundley, 12 AD3d 594 [2004]).

22014–2014
Krasner v. Krasner green
nyappdiv · 2012
2 sentences

2014Under these circumstances, the Family Court providently exercised its discretion in directing the father not to contact the children unless they initiate such contact and to not contact the mother regarding the children (see Matter of Krasner v Krasner, 94 AD3d 763 [2012]; Matter of David V. v Rosalind W., 62 AD3d 717 [2009]; Matter of Mohabir v Singh, 78 AD3d 1056 [2010]; Matter of Shockome v Shockome, 53 AD3d 618 [2008]; see also Family Ct Act § 844; cf. Matter of Ice S., 30 AD3d 428 [2006]; Matter of Anaya v Hundley, 12 AD3d 594 [2004]).

2014Under these circumstances, the Family Court providently exercised its discretion in directing the father not to contact the children unless they initiate such contact and to not contact the mother regarding the children (see Matter of Krasner v Krasner, 94 AD3d 763 [2012]; Matter of David V. v Rosalind W., 62 AD3d 717 [2009]; Matter of Mohabir v Singh, 78 AD3d 1056 [2010]; Matter of Shockome v Shockome, 53 AD3d 618 [2008]; see also Family Ct Act § 844; cf. Matter of Ice S., 30 AD3d 428 [2006]; Matter of Anaya v Hundley, 12 AD3d 594 [2004]).

22014–2014
Robert AA. v. Colleen BB. green
nyappdiv · 2012
2 sentences

2014While not determinative, we note that the position advanced by the attorney for the children at the hearing and on appeal is in accord with Family Court’s determination (see Matter of Robert AA. v Colleen BB., 101 AD3d 1396 , 1399 n 2 [2012], lv denied 20 NY3d 860 [2013]).

2014While not determinative, we note that the position advanced by the attorney for the children at the hearing and on appeal is in accord with Family Court’s determination (see Matter of Robert AA. v Colleen BB., 101 AD3d 1396 , 1399 n 2 [2012], lv denied 20 NY3d 860 [2013]).

22014–2014
Anaya v. Hundley green
nyappdiv · 2004
2 sentences

2014Under these circumstances, the Family Court providently exercised its discretion in directing the father not to contact the children unless they initiate such contact and to not contact the mother regarding the children (see Matter of Krasner v Krasner, 94 AD3d 763 [2012]; Matter of David V. v Rosalind W., 62 AD3d 717 [2009]; Matter of Mohabir v Singh, 78 AD3d 1056 [2010]; Matter of Shockome v Shockome, 53 AD3d 618 [2008]; see also Family Ct Act § 844; cf. Matter of Ice S., 30 AD3d 428 [2006]; Matter of Anaya v Hundley, 12 AD3d 594 [2004]).

2014Under these circumstances, the Family Court providently exercised its discretion in directing the father not to contact the children unless they initiate such contact and to not contact the mother regarding the children (see Matter of Krasner v Krasner, 94 AD3d 763 [2012]; Matter of David V. v Rosalind W., 62 AD3d 717 [2009]; Matter of Mohabir v Singh, 78 AD3d 1056 [2010]; Matter of Shockome v Shockome, 53 AD3d 618 [2008]; see also Family Ct Act § 844; cf. Matter of Ice S., 30 AD3d 428 [2006]; Matter of Anaya v Hundley, 12 AD3d 594 [2004]).

22014–2014
In re Ice S. green
nyappdiv · 2006
2 sentences

2014Under these circumstances, the Family Court providently exercised its discretion in directing the father not to contact the children unless they initiate such contact and to not contact the mother regarding the children (see Matter of Krasner v Krasner, 94 AD3d 763 [2012]; Matter of David V. v Rosalind W., 62 AD3d 717 [2009]; Matter of Mohabir v Singh, 78 AD3d 1056 [2010]; Matter of Shockome v Shockome, 53 AD3d 618 [2008]; see also Family Ct Act § 844; cf. Matter of Ice S., 30 AD3d 428 [2006]; Matter of Anaya v Hundley, 12 AD3d 594 [2004]).

2014Under these circumstances, the Family Court providently exercised its discretion in directing the father not to contact the children unless they initiate such contact and to not contact the mother regarding the children (see Matter of Krasner v Krasner, 94 AD3d 763 [2012]; Matter of David V. v Rosalind W., 62 AD3d 717 [2009]; Matter of Mohabir v Singh, 78 AD3d 1056 [2010]; Matter of Shockome v Shockome, 53 AD3d 618 [2008]; see also Family Ct Act § 844; cf. Matter of Ice S., 30 AD3d 428 [2006]; Matter of Anaya v Hundley, 12 AD3d 594 [2004]).

22014–2014
In re Tonjaleah H. green
nyappdiv · 2009
2 sentences

2011With respect to the brothers, the Referee determined that she “was unable to assess whether the children or foster parent had changed their positions because they were not present.” We conclude that, under the circumstances of this case, the absence of the children from the hearing was not a rational basis for rejecting the permanency goal of APPLA where the Referee had sufficient information to determine the best interests of the children (see generally Veronica S. v Philip R.S., 70 AD3d 1459, 1460 ; Matter of Tonjaleah H., 63 AD3d 1611 ; Matter of Alyshia M.R., 53 AD3d 1060, 1061-1062 , lv d

2011With respect to the brothers, the Referee determined that she “was unable to assess whether the children or foster parent had changed their positions because they were not present.” We conclude that, under the circumstances of this case, the absence of the children from the hearing was not a rational basis for rejecting the permanency goal of APPLA where the Referee had sufficient information to determine the best interests of the children (see generally Veronica S. v Philip R.S., 70 AD3d 1459, 1460 [2010]; Matter of Tonjaleah H., 63 AD3d 1611 [2009]; Matter of Alyshia M.R., 53 AD3d 1060, 1061

22011–2011
Matter of Alyshia MR green
ny · 2008
2 sentences

2011With respect to the brothers, the Referee determined that she “was unable to assess whether the children or foster parent had changed their positions because they were not present.” We conclude that, under the circumstances of this case, the absence of the children from the hearing was not a rational basis for rejecting the permanency goal of APPLA where the Referee had sufficient information to determine the best interests of the children (see generally Veronica S. v Philip R.S., 70 AD3d 1459, 1460 ; Matter of Tonjaleah H., 63 AD3d 1611 ; Matter of Alyshia M.R., 53 AD3d 1060, 1061-1062 , lv d

2011With respect to the brothers, the Referee determined that she “was unable to assess whether the children or foster parent had changed their positions because they were not present.” We conclude that, under the circumstances of this case, the absence of the children from the hearing was not a rational basis for rejecting the permanency goal of APPLA where the Referee had sufficient information to determine the best interests of the children (see generally Veronica S. v Philip R.S., 70 AD3d 1459, 1460 [2010]; Matter of Tonjaleah H., 63 AD3d 1611 [2009]; Matter of Alyshia M.R., 53 AD3d 1060, 1061

22011–2011
Matter of Quinones v. Quinones green
nyappdiv · 2016
1 sentence

2021The mother's contention that the Family Court improvidently exercised its discretion in failing to appoint an attorney for the children at the hearing is unpreserved for appellate review, since it was not raised before the Family Court ( see Matter of Quinones v Quinones , 139 AD3d 1072 ).

12021–2021
Matter of Melissa F. v. Raymond E. green
nyappdiv · 2021
1 sentence

2021We also find that the mother established a meritorious defense to the father's petitions because, prior to awarding the father custody, Family Court failed to take sworn testimony in support of his petitions at an evidentiary hearing, and the court did not make the threshold change in circumstances determination or conduct a best interests of the children analysis ( see M atter of Melissa F. v Raymond E. , 193 AD3d at 1126 ).

12021–2021
Rosenstock v. Rosenstock green
nyappdiv · 2017
1 sentence

2018During the proceedings, the defendant absconded for approximately 18 months out of the state with the parties' children in violation of court orders ( see Rosenstock v Rosenstock, 149 AD3d 887 ).

12018–2018
MATTER OF VALENTI v. Valenti green
ny · 2009
12016–2016
Baker v. Baker green
nyappdiv · 2009
12015–2015
Dintruff v. McGreevy green
ny · 1974
12015–2015
Powell v. Blumenthal green
nyappdiv · 2006
12015–2015
Matter of Mahogany Z. green
ny · 2010
12011–2011
Matter of Kurt J. neutral
ny · 2004
12010–2010
MATTER OF JESSUP v. D'Elia green
ny · 1987
11991–1991
Lyng v. Lyng neutral
nyappdiv · 1985
11987–1987
Blake v. Blake green
nyappdiv · 1984
11985–1985
Eschbach v. Eschbach green
ny · 1982
11985–1985
Daghir v. Daghir green
nyappdiv · 1981
11984–1984
Daghir v. Daghir green
ny · 1982
11984–1984
Bennett v. Jeffreys green
ny · 1976
11981–1981
Matter of Tienken green
ny · 1892
11922–1922
Ray v. Fowler neutral
nyappdiv · 1922
11922–1922

Where else courts name it

OH 39 (1990–2025) NY 29 (1922–2021) TX 20 (1969–2021) PA 14 (1936–2020) AL 10 (1851–2018) IA 9 (1976–2024) TN 9 (2001–2025) LA 7 (1944–2024) UT 7 (1982–2009) CO 6 (2003–2026) IN 6 (1989–2013) MI 6 (1991–2026) CA 6 (1905–2024) AZ 5 (1967–2026) SC 5 (1996–2021) MO 5 (1994–2020) WI 5 (1990–2014) MD 5 (1954–2017) VA 4 (1953–2022) IL 4 (1954–2026) SD 4 (1983–2024) WY 4 (2011–2025) ID 3 (1973–2024) NM 3 (1997–2003) WV 3 (1970–2025) MT 3 (1975–2026) KS 3 (2011–2012) GA 2 (1995–2011) MA 2 (1909–2023) VT 2 (1992–1992) KY 2 (2022–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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