facts adduced hearing in New York

2016It is well established that “[i]f the court finds that the facts adduced at the hearing are insufficient to support the petition, as was the case here, that is the end of the matter” (Matter of Rasha B., 139 AD2d 962, 963 [1988] [emphasis added]).

2016It is well established that “[i]f the court finds that the facts adduced at the hearing are insufficient to support the petition, as was the case here, that is the end of the matter” (Matter of Rasha B., 139 AD2d 962, 963 [1988] [emphasis added]).

2016Pursuant to the legislative scheme of article 10, absent a finding of abuse or neglect, the court lacks any jurisdictional basis to block, delay, or impose conditions on the return of the child (see Matter of Amanda SS., 284 AD2d 588, 589 [2001], lv denied 97 NY2d 606 [2001]; Matter of Brandon C., 237 AD2d 821, 822 [1997]; Matter of Dina V., 86 AD2d 875, 875 [1982]; see also Matter of Lebraun H. [Brenda H.], 111 AD3d 1439 , 1440 [2013]; Matter of Edwin SS., 302 AD2d 754, 754-755 [2003]; Matter of Anthony YY., 202 AD2d 740, 741 [1994]).

2016Pursuant to the legislative scheme of article 10, absent a finding of abuse or neglect, the court lacks any jurisdictional basis to block, delay, or impose conditions on the return of the child (see Matter of Amanda SS., 284 AD2d 588, 589 [2001], lv denied 97 NY2d 606 [2001]; Matter of Brandon C., 237 AD2d 821, 822 [1997]; Matter of Dina V., 86 AD2d 875, 875 [1982]; see also Matter of Lebraun H. [Brenda H.], 111 AD3d 1439 , 1440 [2013]; Matter of Edwin SS., 302 AD2d 754, 754-755 [2003]; Matter of Anthony YY., 202 AD2d 740, 741 [1994]).

2016Pursuant to the legislative scheme of article 10, absent a finding of abuse or neglect, the court lacks any jurisdictional basis to block, delay, or impose conditions on the return of the child (see Matter of Amanda SS., 284 AD2d 588, 589 [2001], lv denied 97 NY2d 606 [2001]; Matter of Brandon C., 237 AD2d 821, 822 [1997]; Matter of Dina V., 86 AD2d 875, 875 [1982]; see also Matter of Lebraun H. [Brenda H.], 111 AD3d 1439 , 1440 [2013]; Matter of Edwin SS., 302 AD2d 754, 754-755 [2003]; Matter of Anthony YY., 202 AD2d 740, 741 [1994]).

2016Pursuant to the legislative scheme of article 10, absent a finding of abuse or neglect, the court lacks any jurisdictional basis to block, delay, or impose conditions on the return of the child (see Matter of Amanda SS., 284 AD2d 588, 589 [2001], lv denied 97 NY2d 606 [2001]; Matter of Brandon C., 237 AD2d 821, 822 [1997]; Matter of Dina V., 86 AD2d 875, 875 [1982]; see also Matter of Lebraun H. [Brenda H.], 111 AD3d 1439 , 1440 [2013]; Matter of Edwin SS., 302 AD2d 754, 754-755 [2003]; Matter of Anthony YY., 202 AD2d 740, 741 [1994]).

2016Pursuant to the legislative scheme of article 10, absent a finding of abuse or neglect, the court lacks any jurisdictional basis to block, delay, or impose conditions on the return of the child (see Matter of Amanda SS., 284 AD2d 588, 589 [2001], lv denied 97 NY2d 606 [2001]; Matter of Brandon C., 237 AD2d 821, 822 [1997]; Matter of Dina V., 86 AD2d 875, 875 [1982]; see also Matter of Lebraun H. [Brenda H.], 111 AD3d 1439 , 1440 [2013]; Matter of Edwin SS., 302 AD2d 754, 754-755 [2003]; Matter of Anthony YY., 202 AD2d 740, 741 [1994]).

2016Pursuant to the legislative scheme of article 10, absent a finding of abuse or neglect, the court lacks any jurisdictional basis to block, delay, or impose conditions on the return of the child (see Matter of Amanda SS., 284 AD2d 588, 589 [2001], lv denied 97 NY2d 606 [2001]; Matter of Brandon C., 237 AD2d 821, 822 [1997]; Matter of Dina V., 86 AD2d 875, 875 [1982]; see also Matter of Lebraun H. [Brenda H.], 111 AD3d 1439 , 1440 [2013]; Matter of Edwin SS., 302 AD2d 754, 754-755 [2003]; Matter of Anthony YY., 202 AD2d 740, 741 [1994]).

2016Pursuant to the legislative scheme of article 10, absent a finding of abuse or neglect, the court lacks any jurisdictional basis to block, delay, or impose conditions on the return of the child (see Matter of Amanda SS., 284 AD2d 588, 589 [2001], lv denied 97 NY2d 606 [2001]; Matter of Brandon C., 237 AD2d 821, 822 [1997]; Matter of Dina V., 86 AD2d 875, 875 [1982]; see also Matter of Lebraun H. [Brenda H.], 111 AD3d 1439 , 1440 [2013]; Matter of Edwin SS., 302 AD2d 754, 754-755 [2003]; Matter of Anthony YY., 202 AD2d 740, 741 [1994]).

2016Pursuant to the legislative scheme of article 10, absent a finding of abuse or neglect, the court lacks any jurisdictional basis to block, delay, or impose conditions on the return of the child (see Matter of Amanda SS., 284 AD2d 588, 589 [2001], lv denied 97 NY2d 606 [2001]; Matter of Brandon C., 237 AD2d 821, 822 [1997]; Matter of Dina V., 86 AD2d 875, 875 [1982]; see also Matter of Lebraun H. [Brenda H.], 111 AD3d 1439 , 1440 [2013]; Matter of Edwin SS., 302 AD2d 754, 754-755 [2003]; Matter of Anthony YY., 202 AD2d 740, 741 [1994]).

2016Pursuant to the legislative scheme of article 10, absent a finding of abuse or neglect, the court lacks any jurisdictional basis to block, delay, or impose conditions on the return of the child (see Matter of Amanda SS., 284 AD2d 588, 589 [2001], lv denied 97 NY2d 606 [2001]; Matter of Brandon C., 237 AD2d 821, 822 [1997]; Matter of Dina V., 86 AD2d 875, 875 [1982]; see also Matter of Lebraun H. [Brenda H.], 111 AD3d 1439 , 1440 [2013]; Matter of Edwin SS., 302 AD2d 754, 754-755 [2003]; Matter of Anthony YY., 202 AD2d 740, 741 [1994]).

2016Pursuant to the legislative scheme of article 10, absent a finding of abuse or neglect, the court lacks any jurisdictional basis to block, delay, or impose conditions on the return of the child (see Matter of Amanda SS., 284 AD2d 588, 589 [2001], lv denied 97 NY2d 606 [2001]; Matter of Brandon C., 237 AD2d 821, 822 [1997]; Matter of Dina V., 86 AD2d 875, 875 [1982]; see also Matter of Lebraun H. [Brenda H.], 111 AD3d 1439 , 1440 [2013]; Matter of Edwin SS., 302 AD2d 754, 754-755 [2003]; Matter of Anthony YY., 202 AD2d 740, 741 [1994]).

2016Pursuant to the legislative scheme of article 10, absent a finding of abuse or neglect, the court lacks any jurisdictional basis to block, delay, or impose conditions on the return of the child (see Matter of Amanda SS., 284 AD2d 588, 589 [2001], lv denied 97 NY2d 606 [2001]; Matter of Brandon C., 237 AD2d 821, 822 [1997]; Matter of Dina V., 86 AD2d 875, 875 [1982]; see also Matter of Lebraun H. [Brenda H.], 111 AD3d 1439 , 1440 [2013]; Matter of Edwin SS., 302 AD2d 754, 754-755 [2003]; Matter of Anthony YY., 202 AD2d 740, 741 [1994]).

2016Pursuant to the legislative scheme of article 10, absent a finding of abuse or neglect, the court lacks any jurisdictional basis to block, delay, or impose conditions on the return of the child (see Matter of Amanda SS., 284 AD2d 588, 589 [2001], lv denied 97 NY2d 606 [2001]; Matter of Brandon C., 237 AD2d 821, 822 [1997]; Matter of Dina V., 86 AD2d 875, 875 [1982]; see also Matter of Lebraun H. [Brenda H.], 111 AD3d 1439 , 1440 [2013]; Matter of Edwin SS., 302 AD2d 754, 754-755 [2003]; Matter of Anthony YY., 202 AD2d 740, 741 [1994]).

2015In general, the law expresses a preference for keeping siblings together, but this does not constitute an absolute rule, and its application has become more complicated as a result of “changing family dynamics and the presence of multiple half siblings” (Matter of Luke v Luke, 90 AD3d 1179, 1182 [2011]; see Matter of Williams v Williams, 66 AD3d 1149, 1152 [2009]).

2015In general, the law expresses a preference for keeping siblings together, but this does not constitute an absolute rule, and its application has become more complicated as a result of “changing family dynamics and the presence of multiple half siblings” (Matter of Luke v Luke, 90 AD3d 1179, 1182 [2011]; see Matter of Williams v Williams, 66 AD3d 1149, 1152 [2009]).

2015We find that the facts adduced at the hearing and their bearing “on the child’s stability, the home environment of both parents, each parent’s willingness to foster a relationship with the other parent, and their past performance and ability to provide for the child’s overall well-being” (Matter of Lynch v Gillogly, 82 AD3d 1529, 1530 [2011] [internal quotation marks, brackets and citations omitted]), demonstrate a sound and substantial basis that supports Family Court’s award of custody to the father (see Matter of Raynore v Raynore, 92 AD3d 1167, 1168-1169 [2012]).

2015We find that the facts adduced at the hearing and their bearing “on the child’s stability, the home environment of both parents, each parent’s willingness to foster a relationship with the other parent, and their past performance and ability to provide for the child’s overall well-being” (Matter of Lynch v Gillogly, 82 AD3d 1529, 1530 [2011] [internal quotation marks, brackets and citations omitted]), demonstrate a sound and substantial basis that supports Family Court’s award of custody to the father (see Matter of Raynore v Raynore, 92 AD3d 1167, 1168-1169 [2012]).

2015In general, the law expresses a preference for keeping siblings together, but this does not constitute an absolute rule, and its application has become more complicated as a result of “changing family dynamics and the presence of multiple half siblings” (Matter of Luke v Luke, 90 AD3d 1179, 1182 [2011]; see Matter of Williams v Williams, 66 AD3d 1149, 1152 [2009]).

2015In general, the law expresses a preference for keeping siblings together, but this does not constitute an absolute rule, and its application has become more complicated as a result of “changing family dynamics and the presence of multiple half siblings” (Matter of Luke v Luke, 90 AD3d 1179, 1182 [2011]; see Matter of Williams v Williams, 66 AD3d 1149, 1152 [2009]).

2015We find that the facts adduced at the hearing and their bearing “on the child’s stability, the home environment of both parents, each parent’s willingness to foster a relationship with the other parent, and their past performance and ability to provide for the child’s overall well-being” (Matter of Lynch v Gillogly, 82 AD3d 1529, 1530 [2011] [internal quotation marks, brackets and citations omitted]), demonstrate a sound and substantial basis that supports Family Court’s award of custody to the father (see Matter of Raynore v Raynore, 92 AD3d 1167, 1168-1169 [2012]).

2015We find that the facts adduced at the hearing and their bearing “on the child’s stability, the home environment of both parents, each parent’s willingness to foster a relationship with the other parent, and their past performance and ability to provide for the child’s overall well-being” (Matter of Lynch v Gillogly, 82 AD3d 1529, 1530 [2011] [internal quotation marks, brackets and citations omitted]), demonstrate a sound and substantial basis that supports Family Court’s award of custody to the father (see Matter of Raynore v Raynore, 92 AD3d 1167, 1168-1169 [2012]).

2013Here, the facts adduced at the hearing warranted the Supreme Court’s determination that the candidate, who “was inextricably intertwined in the petitioning process,” was chargeable with knowledge of the fraudulent manner in which certain signatures were procured (Matter of Villafane v Caban, 104 AD2d 579, 580 [1984]; see Matter of Cirillo v Gardiner, 65 AD3d 638, 639 [2009]; Matter of Buchanan v Espada, 230 AD2d 676, 678-679 [1996]; Matter of MacDougall v Board of Elections of City of N.Y, 133 AD2d 198 [1987]; Matter of Adams v Flapper, 182 Misc 2d 51, 53 [1999], affd 264 AD2d 696 [1999]).

2013Here, the facts adduced at the hearing warranted the Supreme Court’s determination that the candidate, who “was inextricably intertwined in the petitioning process,” was chargeable with knowledge of the fraudulent manner in which certain signatures were procured (Matter of Villafane v Caban, 104 AD2d 579, 580 [1984]; see Matter of Cirillo v Gardiner, 65 AD3d 638, 639 [2009]; Matter of Buchanan v Espada, 230 AD2d 676, 678-679 [1996]; Matter of MacDougall v Board of Elections of City of N.Y, 133 AD2d 198 [1987]; Matter of Adams v Flapper, 182 Misc 2d 51, 53 [1999], affd 264 AD2d 696 [1999]).

2013Here, the facts adduced at the hearing warranted the Supreme Court’s determination that the candidate, who “was inextricably intertwined in the petitioning process,” was chargeable with knowledge of the fraudulent manner in which certain signatures were procured (Matter of Villafane v Caban, 104 AD2d 579, 580 [1984]; see Matter of Cirillo v Gardiner, 65 AD3d 638, 639 [2009]; Matter of Buchanan v Espada, 230 AD2d 676, 678-679 [1996]; Matter of MacDougall v Board of Elections of City of N.Y, 133 AD2d 198 [1987]; Matter of Adams v Flapper, 182 Misc 2d 51, 53 [1999], affd 264 AD2d 696 [1999]).

2013Here, the facts adduced at the hearing warranted the Supreme Court’s determination that the candidate, who “was inextricably intertwined in the petitioning process,” was chargeable with knowledge of the fraudulent manner in which certain signatures were procured (Matter of Villafane v Caban, 104 AD2d 579, 580 [1984]; see Matter of Cirillo v Gardiner, 65 AD3d 638, 639 [2009]; Matter of Buchanan v Espada, 230 AD2d 676, 678-679 [1996]; Matter of MacDougall v Board of Elections of City of N.Y, 133 AD2d 198 [1987]; Matter of Adams v Flapper, 182 Misc 2d 51, 53 [1999], affd 264 AD2d 696 [1999]).

2013Here, the facts adduced at the hearing warranted the Supreme Court’s determination that the candidate, who “was inextricably intertwined in the petitioning process,” was chargeable with knowledge of the fraudulent manner in which certain signatures were procured (Matter of Villafane v Caban, 104 AD2d 579, 580 [1984]; see Matter of Cirillo v Gardiner, 65 AD3d 638, 639 [2009]; Matter of Buchanan v Espada, 230 AD2d 676, 678-679 [1996]; Matter of MacDougall v Board of Elections of City of N.Y, 133 AD2d 198 [1987]; Matter of Adams v Flapper, 182 Misc 2d 51, 53 [1999], affd 264 AD2d 696 [1999]).

2013Here, the facts adduced at the hearing warranted the Supreme Court’s determination that the candidate, who “was inextricably intertwined in the petitioning process,” was chargeable with knowledge of the fraudulent manner in which certain signatures were procured (Matter of Villafane v Caban, 104 AD2d 579, 580 [1984]; see Matter of Cirillo v Gardiner, 65 AD3d 638, 639 [2009]; Matter of Buchanan v Espada, 230 AD2d 676, 678-679 [1996]; Matter of MacDougall v Board of Elections of City of N.Y, 133 AD2d 198 [1987]; Matter of Adams v Flapper, 182 Misc 2d 51, 53 [1999], affd 264 AD2d 696 [1999]).

2013Here, the facts adduced at the hearing warranted the Supreme Court’s determination that the candidate, who “was inextricably intertwined in the petitioning process,” was chargeable with knowledge of the fraudulent manner in which certain signatures were procured (Matter of Villafane v Caban, 104 AD2d 579, 580 [1984]; see Matter of Cirillo v Gardiner, 65 AD3d 638, 639 [2009]; Matter of Buchanan v Espada, 230 AD2d 676, 678-679 [1996]; Matter of MacDougall v Board of Elections of City of N.Y, 133 AD2d 198 [1987]; Matter of Adams v Flapper, 182 Misc 2d 51, 53 [1999], affd 264 AD2d 696 [1999]).

2013Here, the facts adduced at the hearing warranted the Supreme Court’s determination that the candidate, who “was inextricably intertwined in the petitioning process,” was chargeable with knowledge of the fraudulent manner in which certain signatures were procured (Matter of Villafane v Caban, 104 AD2d 579, 580 [1984]; see Matter of Cirillo v Gardiner, 65 AD3d 638, 639 [2009]; Matter of Buchanan v Espada, 230 AD2d 676, 678-679 [1996]; Matter of MacDougall v Board of Elections of City of N.Y, 133 AD2d 198 [1987]; Matter of Adams v Flapper, 182 Misc 2d 51, 53 [1999], affd 264 AD2d 696 [1999]).

2024Nonetheless, "[t]he extent to which the [*3]noncustodial parent may exercise [parental access] is a matter committed to the sound discretion of the hearing court, to be determined on the basis of the best interests of the child, consistent with the concurrent right of the child and the noncustodial parent to meaningful time together" ( Matter of Kerry D. v Deena D. , ___ AD3d at ___, 2024 NY Slip Op 04138, *1 [internal quotation marks omitted]; see Matter of Roa v Marte , 171 AD3d 759 , 761).

2022Applicability of automobile exception to the facts adduced at the hearing Nevertheless, the record here does not support the Supreme Court's determination that the automobile exception applied. "[A]bsent probable cause, it is unlawful for a police officer to invade the interior of a stopped vehicle once the suspects have been removed and patted down without incident, as any immediate threat to the officers' safety has consequently been eliminated" ( People v Mundo , 99 NY2d 55, 58 ; see People v Torres , 74 NY2d 224, 226 ).