number of relevant factors in New York

2013Family Court must consider a number of relevant factors in making this determination, including “ ‘each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child’s future contact with the [nonmoving] parent, the degree to which the [moving] parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the [nonmoving] parent and child through suitable

2013Family Court must consider a number of relevant factors in making this determination, including “ ‘each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child’s future contact with the [nonmoving] parent, the degree to which the [moving] parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the [nonmoving] parent and child through suitable

2013Family Court must consider a number of relevant factors in making this determination, including “ ‘each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child’s future contact with the [nonmoving] parent, the degree to which the [moving] parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the [nonmoving] parent and child through suitable

2013Family Court must consider a number of relevant factors in making this determination, including “ ‘each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child’s future contact with the [nonmoving] parent, the degree to which the [moving] parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the [nonmoving] parent and child through suitable

2013Family Court must consider a number of relevant factors in making this determination, including “ ‘each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child’s future contact with the [nonmoving] parent, the degree to which the [moving] parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the [nonmoving] parent and child through suitable

2013Family Court must consider a number of relevant factors in making this determination, including “ ‘each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child’s future contact with the [nonmoving] parent, the degree to which the [moving] parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the [nonmoving] parent and child through suitable

2013Notably, as “Family Court is in the best position to make factual findings and credibility determinations, its decision will not be disturbed if it is supported by a sound and substantial basis in the record” (Matter of Pizzo v Pizzo, 94 AD3d 1351, 1352 [2012]; accord Matter of Batchelder v BonHotel, 106 AD3d 1395, 1396 [2013]; Matter of Weber v Weber, 100 AD3d 1244, 1245-1246 [2012]).

2013Notably, as “Family Court is in the best position to make factual findings and credibility determinations, its decision will not be disturbed if it is supported by a sound and substantial basis in the record” (Matter of Pizzo v Pizzo, 94 AD3d 1351, 1352 [2012]; accord Matter of Batchelder v BonHotel, 106 AD3d 1395, 1396 [2013]; Matter of Weber v Weber, 100 AD3d 1244, 1245-1246 [2012]).

2013Notably, as “Family Court is in the best position to make factual findings and credibility determinations, its decision will not be disturbed if it is supported by a sound and substantial basis in the record” (Matter of Pizzo v Pizzo, 94 AD3d 1351, 1352 [2012]; accord Matter of Batchelder v BonHotel, 106 AD3d 1395, 1396 [2013]; Matter of Weber v Weber, 100 AD3d 1244, 1245-1246 [2012]).

2013Notably, as “Family Court is in the best position to make factual findings and credibility determinations, its decision will not be disturbed if it is supported by a sound and substantial basis in the record” (Matter of Pizzo v Pizzo, 94 AD3d 1351, 1352 [2012]; accord Matter of Batchelder v BonHotel, 106 AD3d 1395, 1396 [2013]; Matter of Weber v Weber, 100 AD3d 1244, 1245-1246 [2012]).

2013Family Court must consider a number of relevant factors in making this determination, including “ ‘each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child’s future contact with the [nonmoving] parent, the degree to which the [moving] parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the [nonmoving] parent and child through suitable

2013Family Court must consider a number of relevant factors in making this determination, including “ ‘each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child’s future contact with the [nonmoving] parent, the degree to which the [moving] parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the [nonmoving] parent and child through suitable

2013Notably, as “Family Court is in the best position to make factual findings and credibility determinations, its decision will not be disturbed if it is supported by a sound and substantial basis in the record” (Matter of Pizzo v Pizzo, 94 AD3d 1351, 1352 [2012]; accord Matter of Batchelder v BonHotel, 106 AD3d 1395, 1396 [2013]; Matter of Weber v Weber, 100 AD3d 1244, 1245-1246 [2012]).

2013Notably, as “Family Court is in the best position to make factual findings and credibility determinations, its decision will not be disturbed if it is supported by a sound and substantial basis in the record” (Matter of Pizzo v Pizzo, 94 AD3d 1351, 1352 [2012]; accord Matter of Batchelder v BonHotel, 106 AD3d 1395, 1396 [2013]; Matter of Weber v Weber, 100 AD3d 1244, 1245-1246 [2012]).

2018Good cause requires a showing of reasonable diligence in attempting to effect service, while the broader interest of justice ground allows the court to balance a number of relevant factors in reaching its determination" ( Emigrant Bank v Estate of Robinson, 144 AD3d 1084, 1085 [citations omitted]; see Leader v Maroney, Ponzini & Spencer , 97 NY2d 95 ).

2016Auth., 66 AD3d at 31-32), while the broader interest of justice ground allows the court to balance a number of relevant factors in reaching its determination (see Leader v Maroney, Ponzini & Spencer, 97 NY2d at 105-106 ).

2018Good cause requires a showing of reasonable diligence in attempting to effect service, while the broader interest of justice ground allows the court to balance a number of relevant factors in reaching its determination" ( Emigrant Bank v Estate of Robinson, 144 AD3d 1084, 1085 [citations omitted]; see Leader v Maroney, Ponzini & Spencer , 97 NY2d 95 ).

2018In determining whether an extension of time is warranted in the interest of justice, a court may consider diligence, or lack thereof, along with any other relevant factor, including the expiration of the statute of limitations, the meritorious nature of the cause of action, the length of delay in service, the promptness of a plaintiff's request for the extension of time, and prejudice to the defendant ( see A.K. v T.K., 150 AD3d 1091, 1093 ; Emigrant Bank v Estate of Robinson, 144 AD3d at 1085 ).

2015In resolving this inquiry, a court must consider a number of relevant factors, including “each parent’s ability to furnish and maintain a suitable and stable home environment for the child[ ], past performance, relative fitness, ability to guide and provide for the child [ ]’s overall well-being and willingness to foster a positive relationship between the child [ ] and the other parent” (Matter of Palmatier v Carman, 125 AD3d 1139, 1140 [2015] [internal quotation marks and citations omitted]; see Matter of Lawrence v Kowatch, 119 AD3d 1004, 1005 [2014]; Matter of Paul A. v Shaundell LL., 117

2015Again, Family Court’s determinations in this regard are entitled to deference (see Matter of Joshua UU. v Martha VV., 118 AD3d 1051, 1052 [2014]).

2015In resolving this inquiry, a court must consider a number of relevant factors, including “each parent’s ability to furnish and maintain a suitable and stable home environment for the child[ ], past performance, relative fitness, ability to guide and provide for the child [ ]’s overall well-being and willingness to foster a positive relationship between the child [ ] and the other parent” (Matter of Palmatier v Carman, 125 AD3d 1139, 1140 [2015] [internal quotation marks and citations omitted]; see Matter of Lawrence v Kowatch, 119 AD3d 1004, 1005 [2014]; Matter of Paul A. v Shaundell LL., 117

2015In resolving this inquiry, a court must consider a number of relevant factors, including “each parent’s ability to furnish and maintain a suitable and stable home environment for the child[ ], past performance, relative fitness, ability to guide and provide for the child [ ]’s overall well-being and willingness to foster a positive relationship between the child [ ] and the other parent” (Matter of Palmatier v Carman, 125 AD3d 1139, 1140 [2015] [internal quotation marks and citations omitted]; see Matter of Lawrence v Kowatch, 119 AD3d 1004, 1005 [2014]; Matter of Paul A. v Shaundell LL., 117

2010The court also found significance in the extensive evidence demonstrating what was described as “paranoid” behaviors in response to the turbulent disputes with her neighbors. * Having determined that a sufficient “change [in] circumstances had occurred which impacted upon the ehild[ren]’s best interests” (Matter of Zwack v Rosier, 61 AD3d 1020, 1021 [2009] , Iv denied 13 NY3d 702 [2009]; see Matter of Rowatch v Johnson, 68 AD3d 1493, 1494 [2009], Iv denied 14 NY3d 704 [2010] ), Family Court was then required to conduct a best interest analysis in the context of a number of relevant factors, in

2010The court also found significance in the extensive evidence demonstrating what was described as “paranoid” behaviors in response to the turbulent disputes with her neighbors. * Having determined that a sufficient “change [in] circumstances had occurred which impacted upon the ehild[ren]’s best interests” (Matter of Zwack v Rosier, 61 AD3d 1020, 1021 [2009] , Iv denied 13 NY3d 702 [2009]; see Matter of Rowatch v Johnson, 68 AD3d 1493, 1494 [2009], Iv denied 14 NY3d 704 [2010] ), Family Court was then required to conduct a best interest analysis in the context of a number of relevant factors, in

2010The court also found significance in the extensive evidence demonstrating what was described as “paranoid” behaviors in response to the turbulent disputes with her neighbors. * Having determined that a sufficient “change [in] circumstances had occurred which impacted upon the ehild[ren]’s best interests” (Matter of Zwack v Rosier, 61 AD3d 1020, 1021 [2009] , Iv denied 13 NY3d 702 [2009]; see Matter of Rowatch v Johnson, 68 AD3d 1493, 1494 [2009], Iv denied 14 NY3d 704 [2010] ), Family Court was then required to conduct a best interest analysis in the context of a number of relevant factors, in

2010The court also found significance in the extensive evidence demonstrating what was described as “paranoid” behaviors in response to the turbulent disputes with her neighbors. * Having determined that a sufficient “change [in] circumstances had occurred which impacted upon the ehild[ren]’s best interests” (Matter of Zwack v Rosier, 61 AD3d 1020, 1021 [2009] , Iv denied 13 NY3d 702 [2009]; see Matter of Rowatch v Johnson, 68 AD3d 1493, 1494 [2009], Iv denied 14 NY3d 704 [2010] ), Family Court was then required to conduct a best interest analysis in the context of a number of relevant factors, in

2009The mother now appeals. 2 Because these proceedings called for an initial determination regarding the custody of the child, Family Court was required to determine what custodial arrangement best served the child’s interests, taking into account a number of relevant factors, including maintaining the child’s stability, the child’s wishes, “ ‘the home environment with each parent, each parent’s past performance, relative fitness, ability to guide and provide for the child’s overall well-being, and the willingness of each parent to foster a relationship with the other parent’ ” (Matter of Holle v

2009The mother now appeals. 2 Because these proceedings called for an initial determination regarding the custody of the child, Family Court was required to determine what custodial arrangement best served the child’s interests, taking into account a number of relevant factors, including maintaining the child’s stability, the child’s wishes, “ ‘the home environment with each parent, each parent’s past performance, relative fitness, ability to guide and provide for the child’s overall well-being, and the willingness of each parent to foster a relationship with the other parent’ ” (Matter of Holle v

2009The mother now appeals. 2 Because these proceedings called for an initial determination regarding the custody of the child, Family Court was required to determine what custodial arrangement best served the child’s interests, taking into account a number of relevant factors, including maintaining the child’s stability, the child’s wishes, “ ‘the home environment with each parent, each parent’s past performance, relative fitness, ability to guide and provide for the child’s overall well-being, and the willingness of each parent to foster a relationship with the other parent’ ” (Matter of Holle v

2009The mother now appeals. 2 Because these proceedings called for an initial determination regarding the custody of the child, Family Court was required to determine what custodial arrangement best served the child’s interests, taking into account a number of relevant factors, including maintaining the child’s stability, the child’s wishes, “ ‘the home environment with each parent, each parent’s past performance, relative fitness, ability to guide and provide for the child’s overall well-being, and the willingness of each parent to foster a relationship with the other parent’ ” (Matter of Holle v

2008Further, there is no related action pending in Delaware. 6 As indicated above, there is an action pending in the U.S. District Court, Southern District of New York against SICO, the federal court action, that involves similar factual issues present here, making it likely that discovery exchanged in that action is located in New York and will be relevant to this action (Rostuca Holdings v Polo, 246 AD2d 475, 475 [1st Dept 1998]).

2006This determination, in turn, requires consideration of a number of relevant factors including, inter alia , the continuity and stability of the existing custodial arrangement, the relative fitness of the parents and the length of time the present custodial agreement has continued; the quality of the child's home environment and that of the parent seeking custody; the ability of each parent to provide for the child's emotional, intellectual development and the individual needs of the child; and the financial status and ability of each parent to provide for the child ( Fox v Fox , 177 AD2d 209,

2006This determination, in turn, requires consideration of a number of relevant factors including, inter alia , the continuity and stability of the existing custodial arrangement, the relative fitness of the parents and the length of time the present custodial agreement has continued; the quality of the child's home environment and that of the parent seeking custody; the ability of each parent to provide for the child's emotional, intellectual development and the individual needs of the child; and the financial status and ability of each parent to provide for the child ( Fox v Fox , 177 AD2d 209,

2003In this regard, “it is the function of this Court ‘to insure that all relevant factors were evaluated by Family Court and that its decision has a sound and substantial basis in the record’ ” (Matter of Meola v Meola, supra at 1021, quoting Matter of Hudson v Hudson, 279 AD2d 659, 661 [2001] [emphasis added]).