fact-finding and dispositional hearing (New York) · Go Syfert
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fact-finding and dispositional hearing in New York

19 New York opinions name it 1 courts 1992–2025 3 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 (15)

CaseFollowedCited
Matter of David P.S. (Grace C.L.)green
nyappdiv · 2023 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025The father's refusal to appear constituted a default, and "[i]t is well settled that no appeal lies from an order that is entered upon the default of the appealing party" ( Matter of David P.S. [Grace C.L.] , 222 AD3d 1332, 1332 [4th Dept 2023] [internal quotation marks omitted]).

2025The father's refusal to appear constituted a default, and "[i]t is well settled that no appeal lies from an order that is entered upon the default of the appealing party" ( Matter of David P.S. [Grace C.L.] , 222 AD3d 1332, 1332 [4th Dept 2023] [internal quotation marks omitted]).

11
In re Makia S.green
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022The order was thus entered upon the mother's default ( see Matter of Tyrone O. [Lillian G.] , 199 AD3d 1386, 1387 [4th Dept 2021]; Matter of Ramere D. [Biesha D.] , 177 AD3d 1386 , 1386 [4th Dept 2019], lv denied 35 NY3d 904 [2020]; Matter of Makia S. [Catherine S.] , 134 AD3d 1445, 1445-1446 [4th Dept 2015]).

11
Matter of Tyrone O. (Lillian G.)green
nyappdiv · 2021 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022The order was thus entered upon the mother's default ( see Matter of Tyrone O. [Lillian G.] , 199 AD3d 1386, 1387 [4th Dept 2021]; Matter of Ramere D. [Biesha D.] , 177 AD3d 1386 , 1386 [4th Dept 2019], lv denied 35 NY3d 904 [2020]; Matter of Makia S. [Catherine S.] , 134 AD3d 1445, 1445-1446 [4th Dept 2015]).

11
In re Evan Matthew A.green
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018The court properly denied the father's motion to vacate, as the record shows that he failed to provide a reasonable excuse for his default in appearing at the fact-finding and dispositional hearing ( see Matter of Evan Matthew A. [Jocelyn Yvette A.] , 91 AD3d 538, 539 [1st Dept 2012]).

11
Amanda U. v. Howard U.green
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Respondent appeals, and we affirm. *897 As applicable herein, “Social Services Law § 384-b (7) (a) defines a permanently neglected child as [one] who is in the care of an authorized agency and whose parent has failed, for a period of more than one year following the date such child came into the care of an authorized agency, substantially and continuously or repeatedly to maintain contact with or plan for the future of the child, although physically and financially able to do so, notwithstanding the agency’s diligent efforts to encourage and strengthen the parental relationship” (Matter of Lan

11
Cassie v. Cassiegreen
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2015–2015
1 sentence

2015“In a family offense proceeding, the petitioner has the burden of establishing, by a ‘fair preponderance of the evidence,’ that the charged conduct was committed as alleged in the petition” (Matter of Cassie v Cassie, 109 AD3d 337, 340 [2013], quoting Family Ct Act § 832; see Matter of Streat v Streat, 117 AD3d 837, 837 [2014]; Matter of Marte v Caraballo, 116 AD3d 1050, 1050 [2014]; Matter of Testa v Strickland, 99 AD3d 917, 917 [2012]). “ ‘The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court’ ” (Matter of Kaur v Singh, 73 AD3d 117

11
Marte v. Caraballogreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2015–2015
2 sentences

2015“In a family offense proceeding, the petitioner has the burden of establishing, by a ‘fair preponderance of the evidence,’ that the charged conduct was committed as alleged in the petition” (Matter of Cassie v Cassie, 109 AD3d 337, 340 [2013], quoting Family Ct Act § 832; see Matter of Streat v Streat, 117 AD3d 837, 837 [2014]; Matter of Marte v Caraballo, 116 AD3d 1050, 1050 [2014]; Matter of Testa v Strickland, 99 AD3d 917, 917 [2012]). “ ‘The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court’ ” (Matter of Kaur v Singh, 73 AD3d 117

2015“In a family offense proceeding, the petitioner has the burden of establishing, by a ‘fair preponderance of the evidence,’ that the charged conduct was committed as alleged in the petition” (Matter of Cassie v Cassie, 109 AD3d 337, 340 [2013], quoting Family Ct Act § 832; see Matter of Streat v Streat, 117 AD3d 837, 837 [2014]; Matter of Marte v Caraballo, 116 AD3d 1050, 1050 [2014]; Matter of Testa v Strickland, 99 AD3d 917, 917 [2012]). “ ‘The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court’ ” (Matter of Kaur v Singh, 73 AD3d 117

11
Streat v. Streatgreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2015–2015
2 sentences

2015“In a family offense proceeding, the petitioner has the burden of establishing, by a ‘fair preponderance of the evidence,’ that the charged conduct was committed as alleged in the petition” (Matter of Cassie v Cassie, 109 AD3d 337, 340 [2013], quoting Family Ct Act § 832; see Matter of Streat v Streat, 117 AD3d 837, 837 [2014]; Matter of Marte v Caraballo, 116 AD3d 1050, 1050 [2014]; Matter of Testa v Strickland, 99 AD3d 917, 917 [2012]). “ ‘The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court’ ” (Matter of Kaur v Singh, 73 AD3d 117

2015“In a family offense proceeding, the petitioner has the burden of establishing, by a ‘fair preponderance of the evidence,’ that the charged conduct was committed as alleged in the petition” (Matter of Cassie v Cassie, 109 AD3d 337, 340 [2013], quoting Family Ct Act § 832; see Matter of Streat v Streat, 117 AD3d 837, 837 [2014]; Matter of Marte v Caraballo, 116 AD3d 1050, 1050 [2014]; Matter of Testa v Strickland, 99 AD3d 917, 917 [2012]). “ ‘The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court’ ” (Matter of Kaur v Singh, 73 AD3d 117

11
Creighton v. Whitmoregreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2015–2015
2 sentences

2015“In a family offense proceeding, the petitioner has the burden of establishing, by a ‘fair preponderance of the evidence,’ that the charged conduct was committed as alleged in the petition” (Matter of Cassie v Cassie, 109 AD3d 337, 340 [2013], quoting Family Ct Act § 832; see Matter of Streat v Streat, 117 AD3d 837, 837 [2014]; Matter of Marte v Caraballo, 116 AD3d 1050, 1050 [2014]; Matter of Testa v Strickland, 99 AD3d 917, 917 [2012]). “ ‘The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court’ ” (Matter of Kaur v Singh, 73 AD3d 117

2015“In a family offense proceeding, the petitioner has the burden of establishing, by a ‘fair preponderance of the evidence,’ that the charged conduct was committed as alleged in the petition” (Matter of Cassie v Cassie, 109 AD3d 337, 340 [2013], quoting Family Ct Act § 832; see Matter of Streat v Streat, 117 AD3d 837, 837 [2014]; Matter of Marte v Caraballo, 116 AD3d 1050, 1050 [2014]; Matter of Testa v Strickland, 99 AD3d 917, 917 [2012]). “ ‘The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court’ ” (Matter of Kaur v Singh, 73 AD3d 117

11
Kaur v. Singhgreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2015–2015
2 sentences

2015“In a family offense proceeding, the petitioner has the burden of establishing, by a ‘fair preponderance of the evidence,’ that the charged conduct was committed as alleged in the petition” (Matter of Cassie v Cassie, 109 AD3d 337, 340 [2013], quoting Family Ct Act § 832; see Matter of Streat v Streat, 117 AD3d 837, 837 [2014]; Matter of Marte v Caraballo, 116 AD3d 1050, 1050 [2014]; Matter of Testa v Strickland, 99 AD3d 917, 917 [2012]). “ ‘The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court’ ” (Matter of Kaur v Singh, 73 AD3d 117

2015“In a family offense proceeding, the petitioner has the burden of establishing, by a ‘fair preponderance of the evidence,’ that the charged conduct was committed as alleged in the petition” (Matter of Cassie v Cassie, 109 AD3d 337, 340 [2013], quoting Family Ct Act § 832; see Matter of Streat v Streat, 117 AD3d 837, 837 [2014]; Matter of Marte v Caraballo, 116 AD3d 1050, 1050 [2014]; Matter of Testa v Strickland, 99 AD3d 917, 917 [2012]). “ ‘The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court’ ” (Matter of Kaur v Singh, 73 AD3d 117

11
Testa v. Stricklandgreen
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2015–2015
1 sentence

2015“In a family offense proceeding, the petitioner has the burden of establishing, by a ‘fair preponderance of the evidence,’ that the charged conduct was committed as alleged in the petition” (Matter of Cassie v Cassie, 109 AD3d 337, 340 [2013], quoting Family Ct Act § 832; see Matter of Streat v Streat, 117 AD3d 837, 837 [2014]; Matter of Marte v Caraballo, 116 AD3d 1050, 1050 [2014]; Matter of Testa v Strickland, 99 AD3d 917, 917 [2012]). “ ‘The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court’ ” (Matter of Kaur v Singh, 73 AD3d 117

11
In re Nicholas S. Westchester county Department of Social Servicesgreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2014–2014
1 sentence

2014The Family Court properly denied the motion of the appellant, who was a “person legally responsible for the children]’s care,” to vacate the order of fact-finding and disposition, which was entered upon the appellant’s default in appearing at a fact-finding and dispositional hearing, as he “willfully refused to appear at the hearing” (Family Ct Act § 1042; see Matter of Nicholas S., 46 AD3d 830, 831 [2007]; Matter of W.

11
McVey v. Barnettgreen
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2013–2013
1 sentence

2013In order to modify an existing court-sanctioned custody or visitation arrangement, “there must be a showing that there has been a change in circumstances such that modification is required to protect the best interests of the child” (Matter of McVey v Barnett, 107 AD3d 808, 808 [2013] [internal quotation marks omitted]; see Family Ct Act § 467 [b] [ii]; Matter of Wilson v McGlinchey, 2 NY3d 375, 380 [2004]; Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of James M. v Kevin M., 99 AD3d 911 [2012]).

11
Wilson v. McGlincheygreen
ny · 2004 · cited in 1 New York opinions naming this issue, 2013–2013
1 sentence

2013In order to modify an existing court-sanctioned custody or visitation arrangement, “there must be a showing that there has been a change in circumstances such that modification is required to protect the best interests of the child” (Matter of McVey v Barnett, 107 AD3d 808, 808 [2013] [internal quotation marks omitted]; see Family Ct Act § 467 [b] [ii]; Matter of Wilson v McGlinchey, 2 NY3d 375, 380 [2004]; Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of James M. v Kevin M., 99 AD3d 911 [2012]).

11
Gregory B. v. Gregory F.green
ny · 1989 · cited in 1 New York opinions naming this issue, 1992–1992
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 (24)

CaseCitedYears
Matter of Harmony M. E. (Andre C.) green
nyappdiv · 2014
1 sentence

2023Contrary to the parties' contentions, although review may be had on matters which were the subject of contest in the Family Court ( see CPLR 5511; Matter of Justyn H. [Laverne H.] , 191 AD3d 876 , 876; Matter of Andrew J.U.M. [Jelaine E.M.] , 154 AD3d 758 ; Matter of Harmony M.E. [Andre C.] , 121 AD3d 677, 678 ), the court's failure to adjourn the hearing was not a subject of contest below ( see Matter of Jaydalee P. [Codilee R.] , 156 AD3d 1477, 1477 ; cf. Matter of Andrew J.U.M. [Jelaine E.M.] , 154 AD3d 758 ).

12023–2023
Matter of Andrew J.U.M. (Jelaine E.M.) green
nyappdiv · 2017
2 sentences

2023Contrary to the parties' contentions, although review may be had on matters which were the subject of contest in the Family Court ( see CPLR 5511; Matter of Justyn H. [Laverne H.] , 191 AD3d 876 , 876; Matter of Andrew J.U.M. [Jelaine E.M.] , 154 AD3d 758 ; Matter of Harmony M.E. [Andre C.] , 121 AD3d 677, 678 ), the court's failure to adjourn the hearing was not a subject of contest below ( see Matter of Jaydalee P. [Codilee R.] , 156 AD3d 1477, 1477 ; cf. Matter of Andrew J.U.M. [Jelaine E.M.] , 154 AD3d 758 ).

2023Contrary to the parties' contentions, although review may be had on matters which were the subject of contest in the Family Court ( see CPLR 5511; Matter of Justyn H. [Laverne H.] , 191 AD3d 876 , 876; Matter of Andrew J.U.M. [Jelaine E.M.] , 154 AD3d 758 ; Matter of Harmony M.E. [Andre C.] , 121 AD3d 677, 678 ), the court's failure to adjourn the hearing was not a subject of contest below ( see Matter of Jaydalee P. [Codilee R.] , 156 AD3d 1477, 1477 ; cf. Matter of Andrew J.U.M. [Jelaine E.M.] , 154 AD3d 758 ).

12023–2023
Matter of Jaydalee P. (Codilee R.) green
nyappdiv · 2017
1 sentence

2023Contrary to the parties' contentions, although review may be had on matters which were the subject of contest in the Family Court ( see CPLR 5511; Matter of Justyn H. [Laverne H.] , 191 AD3d 876 , 876; Matter of Andrew J.U.M. [Jelaine E.M.] , 154 AD3d 758 ; Matter of Harmony M.E. [Andre C.] , 121 AD3d 677, 678 ), the court's failure to adjourn the hearing was not a subject of contest below ( see Matter of Jaydalee P. [Codilee R.] , 156 AD3d 1477, 1477 ; cf. Matter of Andrew J.U.M. [Jelaine E.M.] , 154 AD3d 758 ).

12023–2023
Matter of Genao-Archibald v. Archibald neutral
nyappdiv · 2022
1 sentence

2023The appeal by the father from the order of fact-finding and disposition dated August 10, 2021, and the appeals by the mother and the father from the order of fact-finding and disposition dated August 11, 2021, must be dismissed since the orders were issued upon the mother and the father's failure to appear at the fact-finding and dispositional hearing, and no appeal lies from an order made on the default of the appealing party ( see CPLR 5511; Matter of Genao-Archibald v Archibald , 208 AD3d 1185 , 1187).

12023–2023
In re Mark J. green
nyappdiv · 1999
1 sentence

2018The court's failure to advise the appellant of his right to remain silent cannot be considered harmless error ( see Matter of Mark J ., 259 AD2d 40, 42-43 ), as the court never advised the appellant of his right to remain silent at any time during the course of this proceeding or the original PINS proceeding.

12018–2018
In re Amber A. neutral
nyappdiv · 2013
1 sentence

2018ORDERED that the appeal from so much of the order of fact-finding and disposition as released the children to the custody of the mother with supervision by the petitioner until October 17, 2017, is dismissed as academic, without costs or disbursements, as that portion of the order expired by its own terms ( see Matter of Amber A. [Thomas E.] , 108 AD3d 664 ); and it is further, ORDERED that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.

12018–2018
In re W. Children neutral
nyappdiv · 1998
1 sentence

2014Children, 256 AD2d 412 , 413 [1998]).

12014–2014
James M. v. Kevin M. green
nyappdiv · 2012
1 sentence

2013In order to modify an existing court-sanctioned custody or visitation arrangement, “there must be a showing that there has been a change in circumstances such that modification is required to protect the best interests of the child” (Matter of McVey v Barnett, 107 AD3d 808, 808 [2013] [internal quotation marks omitted]; see Family Ct Act § 467 [b] [ii]; Matter of Wilson v McGlinchey, 2 NY3d 375, 380 [2004]; Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of James M. v Kevin M., 99 AD3d 911 [2012]).

12013–2013
Eschbach v. Eschbach green
ny · 1982
1 sentence

2013In order to modify an existing court-sanctioned custody or visitation arrangement, “there must be a showing that there has been a change in circumstances such that modification is required to protect the best interests of the child” (Matter of McVey v Barnett, 107 AD3d 808, 808 [2013] [internal quotation marks omitted]; see Family Ct Act § 467 [b] [ii]; Matter of Wilson v McGlinchey, 2 NY3d 375, 380 [2004]; Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of James M. v Kevin M., 99 AD3d 911 [2012]).

12013–2013
In re Zabrina M. green
nyappdiv · 2005
1 sentence

2010The father failed to meet his burden of providing a reasonable excuse for his failure to appear and a meritorious defense to the petition (see Matter of Tiara B. [appeal No. 2], 64 AD3d 1181 , 1182 [2009]; Matter of Zabrina M., 17 AD3d 1132 [2005], lv denied 5 NY3d 710 [2005]).

12010–2010
In re Tiara B. green
nyappdiv · 2009
1 sentence

2010The father failed to meet his burden of providing a reasonable excuse for his failure to appear and a meritorious defense to the petition (see Matter of Tiara B. [appeal No. 2], 64 AD3d 1181 , 1182 [2009]; Matter of Zabrina M., 17 AD3d 1132 [2005], lv denied 5 NY3d 710 [2005]).

12010–2010
In re Alexis G. green
nyappdiv · 2000
1 sentence

2009The motion was properly denied on the additional ground that respondent failed to demonstrate a meritorious defense to the neglect petition in that she provided no evidence that she was drug-free almost four years after her child was removed due to her drug use (see Matter of Tanya Alexis G., 273 AD2d 19 [2000]).

12009–2009
People Ex Rel. Cusano v. Leone green
ny · 1977
1 sentence

2006Cusano v Leone, 43 NY2d 665 , 668 n 2 [1977]; Matter of Jaquan P., 15 AD3d 664 [2005]).

12006–2006
In re Jaquan P. neutral
nyappdiv · 2005
1 sentence

2006Cusano v Leone, 43 NY2d 665 , 668 n 2 [1977]; Matter of Jaquan P., 15 AD3d 664 [2005]).

12006–2006
In re Ashley Marie M. green
nyappdiv · 2001
12004–2004
In re Jessica Dee D. green
nyappdiv · 2004
1 sentence

2004Accordingly, the Family Court providently exercised its discretion in denying her motion to vacate her default (see Matter of Helena W., 6 AD3d 541 [2004]; Matter of Jessica Dee D., 6 AD3d 435 [2004]).

12004–2004
In re Helena W. green
nyappdiv · 2004
1 sentence

2004Accordingly, the Family Court providently exercised its discretion in denying her motion to vacate her default (see Matter of Helena W., 6 AD3d 541 [2004]; Matter of Jessica Dee D., 6 AD3d 435 [2004]).

12004–2004
In re Vanessa M. green
nyappdiv · 1999
12001–2001
In re Mursol B. green
nyappdiv · 1999
12001–2001
In re Laticia B. green
nyappdiv · 1989
12001–2001
In re Dutchess County Department of Social Services ex rel. Cody M. green
nyappdiv · 1994
12001–2001
In re Tesema H. neutral
nyappdiv · 1996
12001–2001
People v. Perkins green
nyappdiv · 1993
11999–1999
People v. Gonzalez green
ny · 1992
11999–1999

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