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16 New York opinions name it 4 courts 1947–2016 0 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.
| Case | Followed | Cited |
|---|---|---|
MATTER OF CASSANO v. Cassanogreen2 sentences2016These factors further the objectives of the CSSA, which include “the total income available to the parents and the standard of living that should be shared with the child” (Matter of Cassano v Cassano, 85 NY2d at 652 [internal quotation marks omitted]). 2013Emphasis was to shift ‘from a balancing of the expressed needs of the child and the income available to the parents after expenses to the total income available to the parents and the standard of living that should be shared with the child’ (Reichler and Lefcourt, [62] NY St BJ [36,] 44 [Feb. 1990]; see also, Governor’s Approval Mem, 1989 NY Legis Ann, at 250 [‘children will share in the economic status of both their parents’])” (Matter of Cassano v Cassano, 85 NY2d 649, 652 [1995] [emphasis added]). | 9 | 9 |
Bast v. Rossoffgreen2 sentences2013This approach in cases that do not fit the “mold” also seems consistent with language in Bast v Rossoff ( 91 NY2d 723, 728 [1998]), where the Court of Appeals, while addressing the ap plication of the CSSA to a shared custody arrangement, held that “in most instances, the court can determine the custodial parent for purposes of child support by identifying which parent has physical custody of the child for a majority of time” (id. [emphasis added]). 2013This approach in cases that do not fit the “mold” also seems consistent with language in Bast v Rossoff ( 91 NY2d 723, 728 [1998]), where the Court of Appeals, while addressing the ap plication of the CSSA to a shared custody arrangement, held that “in most instances, the court can determine the custodial parent for purposes of child support by identifying which parent has physical custody of the child for a majority of time” (id. [emphasis added]). | 3 | 3 |
In re Darren V.green2 sentences2013Although a separate dispositional hearing is not always required in a proceeding to enforce a suspended judgment where the violation hearing or prior proceedings established that the court was aware of and considered the children’s best interests (see Matter of Carmen C. [Margarita N.], 95 AD3d 1006, 1009 [2012]; Matter of Darren V., 61 AD3d 986, 988 [2009]), this is not such a case (see Matter of Jordan Amir B., 15 AD3d at 479 ). 2013Although a separate dispositional hearing is not always required in a proceeding to enforce a suspended judgment where the violation hearing or prior proceedings established that the court was aware of and considered the children’s best interests (see Matter of Carmen C. [Margarita N.], 95 AD3d 1006, 1009 [2012]; Matter of Darren V., 61 AD3d 986, 988 [2009]), this is not such a case (see Matter of Jordan Amir B., 15 AD3d at 479 ). | 2 | 2 |
In re Orangegreen2 sentences2013Although a separate dispositional hearing is not always required in a proceeding to enforce a suspended judgment where the violation hearing or prior proceedings established that the court was aware of and considered the children’s best interests (see Matter of Carmen C. [Margarita N.], 95 AD3d 1006, 1009 [2012]; Matter of Darren V., 61 AD3d 986, 988 [2009]), this is not such a case (see Matter of Jordan Amir B., 15 AD3d at 479 ). 2013Although a separate dispositional hearing is not always required in a proceeding to enforce a suspended judgment where the violation hearing or prior proceedings established that the court was aware of and considered the children’s best interests (see Matter of Carmen C. [Margarita N.], 95 AD3d 1006, 1009 [2012]; Matter of Darren V., 61 AD3d 986, 988 [2009]), this is not such a case (see Matter of Jordan Amir B., 15 AD3d at 479 ). | 2 | 2 |
In re Jalil U.green2 sentences2013Thus, the Family Court should have conducted a hearing on the motion (see 22 NYCRR 205.50 [d] [5]), and the Family Court erred in, in effect, granting the DSS’s motion to hold the parents in violation of the drug-treatment condition and summarily revoking the suspended judgments (see Matter of Jalil U. [Rachel L.-U.], 103 AD3d at 660). 2013Thus, the Family Court should have conducted a hearing on the motion (see 22 NYCRR 205.50 [d] [5]), and the Family Court erred in, in effect, granting the DSS’s motion to hold the parents in violation of the drug-treatment condition and summarily revoking the suspended judgments (see Matter of Jalil U. [Rachel L.-U.], 103 AD3d at 660). | 2 | 2 |
In re Jordan Amir B.green2 sentences2013Moreover, even if the Family Court had conducted a hearing on the DSS’s motion to hold the parents in violation of the drug-treatment condition, and had determined that the violations had been established by a preponderance of the evidence, the Family Court was required to conduct an inquiry into the children’s best interests before terminating the parents’ parental rights (see Matter of Jordan Amir B., 15 AD3d 477, 479 [2005]). 2013Moreover, even if the Family Court had conducted a hearing on the DSS’s motion to hold the parents in violation of the drug-treatment condition, and had determined that the violations had been established by a preponderance of the evidence, the Family Court was required to conduct an inquiry into the children’s best interests before terminating the parents’ parental rights (see Matter of Jordan Amir B., 15 AD3d 477, 479 [2005]). | 2 | 2 |
Cobane v. Cobanegreen1 sentence2010As the present custody proceeding was based in part upon claims of abuse or neglect, however, the child’s out-of-court statements fell within an exception to the hearsay rule if sufficiently corroborated, which they undoubtedly were here (see Family Ct Act § 1046 [a] [vi]; Matter of Cobane v Cobane, 57 AD3d 1320, 1321 [2008], lv denied 12 NY3d 706 [2009]). | 1 | 1 |
McGovern v. McGoverngreen1 sentence2010Family Court is afforded broad discretion in establishing the parameters of the proof at trial and, if necessary, may extend it to all relevant matters (see Matter of McGovern v McGovern, 58 AD3d 911, 913 [2009]; Matter of Tarrance v Mial, 22 AD3d 965, 966 [2005]; Matter of Stukes v Ryan, 289 AD2d 623, 624 [2001]). | 1 | 1 |
Tarrance v. Mialgreen1 sentence2010Family Court is afforded broad discretion in establishing the parameters of the proof at trial and, if necessary, may extend it to all relevant matters (see Matter of McGovern v McGovern, 58 AD3d 911, 913 [2009]; Matter of Tarrance v Mial, 22 AD3d 965, 966 [2005]; Matter of Stukes v Ryan, 289 AD2d 623, 624 [2001]). | 1 | 1 |
Stukes v. Ryangreen1 sentence2010Family Court is afforded broad discretion in establishing the parameters of the proof at trial and, if necessary, may extend it to all relevant matters (see Matter of McGovern v McGovern, 58 AD3d 911, 913 [2009]; Matter of Tarrance v Mial, 22 AD3d 965, 966 [2005]; Matter of Stukes v Ryan, 289 AD2d 623, 624 [2001]). | 1 | 1 |
Parent Teacher Ass'n v. Board of Educationgreen1 sentence2008We find that the Parents’ challenge to the rationality of the cell phone policy is nonjusticiable. “[A]bsent a showing of an ultra vires act or a failure to perform a required act, the decision of a school official involving an inherently administrative process, which is uniquely part of that official’s function and expertise, presents a nonjusticiable controversy” (Matter of Parent Teacher Assn. of P.S. 124M v Board of Educ. of City School Dist. of City of NY, 138 AD2d 108, 113 [1988]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
MATTER OF QUINN v. New York State Comptroller
green
1 sentence2010As the present custody proceeding was based in part upon claims of abuse or neglect, however, the child’s out-of-court statements fell within an exception to the hearsay rule if sufficiently corroborated, which they undoubtedly were here (see Family Ct Act § 1046 [a] [vi]; Matter of Cobane v Cobane, 57 AD3d 1320, 1321 [2008], lv denied 12 NY3d 706 [2009]). | 1 | 2010–2010 |
Stapleton Studios v. City of New York
green
1 sentence2008The court reasonably concluded that the Department’s submissions in opposition to the petition sufficed to credibly support its determination to ban cell phone possession in the schools (see Stapleton Studios v City of New York, 7 AD3d 273 [2004]). | 1 | 2008–2008 |
Vuoncino v. Fuhrman
neutral
1 sentence2004Cassano , in discussing the CSSA, states that the legislative intent in passing the CSSA was to shift the emphasis from a needs based analysis to one that emphasized "the total income available to the parents and the standard of living that should be shared by the child" ( Cassano{** 3 Misc 3d at 299 } at 652). | 1 | 2004–2004 |
Valicenti v. Valenze
yellow
1 sentence1987We find no statutory authority in General Obligations Law § 11-101 to support such claim, nor do we find any such authorization therefor under the authority of Valicenti v Valenze (supra). | 1 | 1987–1987 |
Bell v. Burson
green
1 sentence1972This section is a valid embodiment of the doctrine that, in emergency situations, the prior hearing rule may be dispensed with (Bell v. Burson, 402 U. S. 535 ). | 1 | 1972–1972 |
Harrington v. Harrington
green
1 sentence1947While it is true that the past conduct of the parents are factors which may not be disregarded in determining which parent will provide the better home (Harrington v. Harrington, 290 N. Y. 126, 130 ), still we do not believe that, because this mother has been adjudged chargeable with fraud in inducing this marriage, the court which granted the decree would be precluded from awarding the custody of this baby just born, to its mother, and directing the father to provide for the child’s support. | 1 | 1947–1947 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.