petition without hearing (New York) · Go Syfert
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petition without hearing in New York

83 New York opinions name it 3 courts 1962–2023 8 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 (47)

CaseFollowedCited
People ex rel. McDaniels v. Corcorangreen
nyappdiv · 2010 · cited in 4 New York opinions naming this issue, 2014–2014
2 sentences

2014“A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order” (Matter of Wurmlinger v Freer, 256 AD2d 1069, 1069 [1998]) and, here, “the mother failed to ‘make a sufficient evidentiary showing of a change in circumstances to require a hearing’ ” (Matter of Warrior v Beatman, 70 AD3d 1358, 1359 [2010], lv denied 14 NY3d 711 [2010]).

2014“A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order” (Matter of Wurmlinger v Freer, 256 AD2d 1069, 1069 [1998]) and, here, “the mother failed to ‘make a sufficient evidentiary showing of a change in circumstances to require a hearing’ ” (Matter of Warrior v Beatman, 70 AD3d 1358, 1359 [2010], lv denied 14 NY3d 711 [2010]).

34
Featherstone v. Francogreen
ny · 2000 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Our review of the Department’s determination “is limited to the facts and record adduced before [the Department]” (Matter of Kelly v Safir, 96 NY2d 32, 39 [2001] [internal quotation marks and citations omitted]; accord Matter of Featherstone v Franco, 95 NY2d 550, 554 [2000]; see Matter of Ames v Johnston, 169 AD2d 84, 86 [1991]).

2014Our review of the Department’s determination “is limited to the facts and record adduced before [the Department]” (Matter of Kelly v Safir, 96 NY2d 32, 39 [2001] [internal quotation marks and citations omitted]; accord Matter of Featherstone v Franco, 95 NY2d 550, 554 [2000]; see Matter of Ames v Johnston, 169 AD2d 84, 86 [1991]).

33
Moore v. Mooregreen
nyappdiv · 2010 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014The mother and the Attorney for the Children appeal from an order dismissing the petition without a hearing. -2- 772 CAF 13-01636 It is well settled that a party seeking a change in an established custody arrangement must show “a change in circumstances [that] reflects a real need for change to ensure the best interest[s] of the child[ren]” (Matter of Irwin v Neyland, 213 AD2d 773, 773 ; see Matter of Moore v Moore, 78 AD3d 1630, 1630 , lv denied 16 NY3d 704 ; Matter of Hight v Hight, 19 AD3d 1159, 1160 ).

2014It is well settled that a party seeking a change in an established custody arrangement must show “a change in circumstances [that] reflects a real need for change to ensure the best interest[s] of the child[ren]” (Matter of Irwin v Neyland, 213 AD2d 773, 773 [1995]; see Matter of Moore v Moore, 78 AD3d 1630, 1630 [2010], lv denied 16 NY3d 704 [2011]; Matter of Hight v Hight, 19 AD3d 1159, 1160 [2005]).

33
Kelly v. Safirgreen
ny · 2001 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Our review of the Department’s determination “is limited to the facts and record adduced before [the Department]” (Matter of Kelly v Safir, 96 NY2d 32, 39 [2001] [internal quotation marks and citations omitted]; accord Matter of Featherstone v Franco, 95 NY2d 550, 554 [2000]; see Matter of Ames v Johnston, 169 AD2d 84, 86 [1991]).

2014Our review of the Department’s determination “is limited to the facts and record adduced before [the Department]” (Matter of Kelly v Safir, 96 NY2d 32, 39 [2001] [internal quotation marks and citations omitted]; accord Matter of Featherstone v Franco, 95 NY2d 550, 554 [2000]; see Matter of Ames v Johnston, 169 AD2d 84, 86 [1991]).

33
Ames v. Johnstongreen
nyappdiv · 1991 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Our review of the Department’s determination “is limited to the facts and record adduced before [the Department]” (Matter of Kelly v Safir, 96 NY2d 32, 39 [2001] [internal quotation marks and citations omitted]; accord Matter of Featherstone v Franco, 95 NY2d 550, 554 [2000]; see Matter of Ames v Johnston, 169 AD2d 84, 86 [1991]).

2014Our review of the Department’s determination “is limited to the facts and record adduced before [the Department]” (Matter of Kelly v Safir, 96 NY2d 32, 39 [2001] [internal quotation marks and citations omitted]; accord Matter of Featherstone v Franco, 95 NY2d 550, 554 [2000]; see Matter of Ames v Johnston, 169 AD2d 84, 86 [1991]).

33
Fisher v. Brown Group, Inc.green
nyappdiv · 1998 · cited in 4 New York opinions naming this issue, 2014–2014
2 sentences

2014“A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order” (Matter of Wurmlinger v Freer, 256 AD2d 1069, 1069 [1998]) and, here, “the mother failed to ‘make a sufficient evidentiary showing of a change in circumstances to require a hearing’ ” (Matter of Warrior v Beatman, 70 AD3d 1358, 1359 [2010], lv denied 14 NY3d 711 [2010]).

2014“A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order” (Matter of Wurmlinger v Freer, 256 AD2d 1069, 1069 [1998]) and, here, “the mother failed to ‘make a sufficient evidentiary showing of a change in circumstances to require a hearing’ ” (Matter of Warrior v Beatman, 70 AD3d 1358, 1359 [2010], lv denied 14 NY3d 711 [2010]).

24
People v. Jacksongreen
nyappdiv · 2010 · cited in 3 New York opinions naming this issue, 2015–2015
2 sentences

2015The allegations raised in the petition either have been, or could have been, raised in prior appeals or in motions pursuant to CPL article 440 (see People v Jackson, 119 AD3d 1346, 1347 [2014]; People v Jackson, 71 AD3d 1457, 1458 [2010], lv dismissed in part and denied in part 17 NY3d 774 [2011]; People v Jackson, 262 AD2d 1031 , 1031-1032 [1999], lv denied 94 NY2d 881 [2000]).

2015The allegations raised in the petition either have been, or could have been, raised in prior appeals or in motions pursuant to CPL article 440 (see People v Jackson, 119 AD3d 1346, 1347 [2014]; People v Jackson, 71 AD3d 1457, 1458 [2010], lv dismissed in part and denied in part 17 NY3d 774 [2011]; People v Jackson, 262 AD2d 1031 , 1031-1032 [1999], lv denied 94 NY2d 881 [2000]).

23
People v. Jacksongreen
nyappdiv · 2014 · cited in 3 New York opinions naming this issue, 2015–2015
2 sentences

2015The allegations raised in the petition either have been, or could have been, raised in prior appeals or in motions pursuant to CPL article 440 (see People v Jackson, 119 AD3d 1346, 1347 [2014]; People v Jackson, 71 AD3d 1457, 1458 [2010], lv dismissed in part and denied in part 17 NY3d 774 [2011]; People v Jackson, 262 AD2d 1031 , 1031-1032 [1999], lv denied 94 NY2d 881 [2000]).

2015The allegations raised in the petition either have been, or could have been, raised in prior appeals or in motions pursuant to CPL article 440 (see People v Jackson, 119 AD3d 1346, 1347 [2014]; People v Jackson, 71 AD3d 1457, 1458 [2010], lv dismissed in part and denied in part 17 NY3d 774 [2011]; People v Jackson, 262 AD2d 1031 , 1031-1032 [1999], lv denied 94 NY2d 881 [2000]).

23
Irwin v. Neylandgreen
nyappdiv · 1995 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014The mother and the Attorney for the Children appeal from an order dismissing the petition without a hearing. -2- 772 CAF 13-01636 It is well settled that a party seeking a change in an established custody arrangement must show “a change in circumstances [that] reflects a real need for change to ensure the best interest[s] of the child[ren]” (Matter of Irwin v Neyland, 213 AD2d 773, 773 ; see Matter of Moore v Moore, 78 AD3d 1630, 1630 , lv denied 16 NY3d 704 ; Matter of Hight v Hight, 19 AD3d 1159, 1160 ).

2014It is well settled that a party seeking a change in an established custody arrangement must show “a change in circumstances [that] reflects a real need for change to ensure the best interest[s] of the child[ren]” (Matter of Irwin v Neyland, 213 AD2d 773, 773 [1995]; see Matter of Moore v Moore, 78 AD3d 1630, 1630 [2010], lv denied 16 NY3d 704 [2011]; Matter of Hight v Hight, 19 AD3d 1159, 1160 [2005]).

23
Hight v. Hightgreen
nyappdiv · 2005 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014The mother and the Attorney for the Children appeal from an order dismissing the petition without a hearing. -2- 772 CAF 13-01636 It is well settled that a party seeking a change in an established custody arrangement must show “a change in circumstances [that] reflects a real need for change to ensure the best interest[s] of the child[ren]” (Matter of Irwin v Neyland, 213 AD2d 773, 773 ; see Matter of Moore v Moore, 78 AD3d 1630, 1630 , lv denied 16 NY3d 704 ; Matter of Hight v Hight, 19 AD3d 1159, 1160 ).

2014It is well settled that a party seeking a change in an established custody arrangement must show “a change in circumstances [that] reflects a real need for change to ensure the best interest[s] of the child[ren]” (Matter of Irwin v Neyland, 213 AD2d 773, 773 [1995]; see Matter of Moore v Moore, 78 AD3d 1630, 1630 [2010], lv denied 16 NY3d 704 [2011]; Matter of Hight v Hight, 19 AD3d 1159, 1160 [2005]).

23
People ex rel. Feliz v. Smithgreen
nyappdiv · 2022 · cited in 2 New York opinions naming this issue, 2022–2022
2 sentences

2022Feliz v Smith , 203 AD3d 1422, 1423 [3d Dept 2022], lv denied 38 NY3d 909 [2022]).

2022Feliz v Smith , 203 AD3d 1422, 1423 [3d Dept 2022], lv denied 38 NY3d 909 [2022]).

22
Bustamante v. Larguegreen
nyappdiv · 2013 · cited in 2 New York opinions naming this issue, 2021–2021
2 sentences

2021The Family Court properly dismissed the father's petition without a hearing because, even reading the allegations liberally in favor of the father, he did not allege conduct committed by respondent, the mother's boyfriend, which would constitute a family offense against the subject child ( see Matter of Bustamante v Largue , 112 AD3d 819, 820 [2d Dept 2013]).

2021The Family Court properly dismissed the father's petition without a hearing because, even reading the allegations liberally in favor of the father, he did not allege conduct committed by respondent, the mother's boyfriend, which would constitute a family offense against the subject child ( see Matter of Bustamante v Largue , 112 AD3d 819, 820 [2d Dept 2013]).

22
Panzer v. Woodgreen
nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2017–2017
2 sentences

2017As for the merits of the appeal, “even according the mother every favorable inference, as we must, we find that Family Court did not err in dismissing the mother’s petition without a hearing” (Matter of Gerber v Gerber, 141 AD3d 901, 902 [2016] [citations omitted]; see Matter of Panzer v Wood, 100 AD3d 1119 , 1120 [2012], lv dismissed 20 NY3d 1001 [2013]).

2017As for the merits of the appeal, “even according the mother every favorable inference, as we must, we find that Family Court did not err in dismissing the mother’s petition without a hearing” (Matter of Gerber v Gerber, 141 AD3d 901, 902 [2016] [citations omitted]; see Matter of Panzer v Wood, 100 AD3d 1119 , 1120 [2012], lv dismissed 20 NY3d 1001 [2013]).

22
Matter of Gerber v. Gerbergreen
nyappdiv · 2016 · cited in 2 New York opinions naming this issue, 2017–2017
2 sentences

2017As for the merits of the appeal, “even according the mother every favorable inference, as we must, we find that Family Court did not err in dismissing the mother’s petition without a hearing” (Matter of Gerber v Gerber, 141 AD3d 901, 902 [2016] [citations omitted]; see Matter of Panzer v Wood, 100 AD3d 1119 , 1120 [2012], lv dismissed 20 NY3d 1001 [2013]).

2017As for the merits of the appeal, “even according the mother every favorable inference, as we must, we find that Family Court did not err in dismissing the mother’s petition without a hearing” (Matter of Gerber v Gerber, 141 AD3d 901, 902 [2016] [citations omitted]; see Matter of Panzer v Wood, 100 AD3d 1119 , 1120 [2012], lv dismissed 20 NY3d 1001 [2013]).

22
Akwesasne Convenience Store Ass'n v. Stategreen
ny · 2013 · cited in 2 New York opinions naming this issue, 2017–2017
2 sentences

2017As for the merits of the appeal, “even according the mother every favorable inference, as we must, we find that Family Court did not err in dismissing the mother’s petition without a hearing” (Matter of Gerber v Gerber, 141 AD3d 901, 902 [2016] [citations omitted]; see Matter of Panzer v Wood, 100 AD3d 1119 , 1120 [2012], lv dismissed 20 NY3d 1001 [2013]).

2017As for the merits of the appeal, “even according the mother every favorable inference, as we must, we find that Family Court did not err in dismissing the mother’s petition without a hearing” (Matter of Gerber v Gerber, 141 AD3d 901, 902 [2016] [citations omitted]; see Matter of Panzer v Wood, 100 AD3d 1119 , 1120 [2012], lv dismissed 20 NY3d 1001 [2013]).

22
Ford v. Baldigreen
nyappdiv · 2014 · cited in 2 New York opinions naming this issue, 2016–2016
2 sentences

2016Accordingly, we find that Family Court erred in dismissing the mother’s petition without a hearing (see Matter of Ford v Baldi, 123 AD3d 1399, 1400 [2014]; Matter of Freedman v Horike, 107 AD3d at 1333-1334 ; Matter of Giovanni v Hall, 86 AD3d 676, 677 [2011]).

2016Here, even according the mother every favorable inference, as we must (see Matter of Harrell v Fox, 137 AD3d at 1354 ; Matter of Ford v Baldi, 123 AD3d 1399, 1400 [2014]; Matter of Tod ZZ. v Paula ZZ., 113 AD3d 1005, 1006 [2014]; see also Family Ct Act § 165 [a]; CPLR 3026), we find that Family Court did not err in dismissing the mother’s petition without a hearing (see Matter of Lowe v Bonelli, 129 AD3d 1135, 1137 [2015]).

22
Akshar v. Millsgreen
nyappdiv · 1998 · cited in 2 New York opinions naming this issue, 2015–2015
2 sentences

2015Lastly, because petitioner’s challenges implicated purely legal questions, Supreme Court did not err in dismissing the petition without a hearing (see Matter of Kenny v Fiala, 127 AD3d at 1360 ; Matter of Akshar v Mills, 249 AD2d 786, 788 [1998], lv dismissed 92 NY2d 962 [1998]). .

2015Finally, to the extent that the arguments submitted before Supreme Court were purely legal, that court properly dismissed the petition without a hearing (see Matter of Akshar v Mills, 249 AD2d 786, 787-788 [1998], lv dismissed 92 NY2d 962 [1998]).

22
Timson v. Timsongreen
nyappdiv · 2004 · cited in 2 New York opinions naming this issue, 2006–2008
22
Jordan v. Lebowitzgreen
ny · 2010 · cited in 4 New York opinions naming this issue, 2014–2014
2 sentences

2014“A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order” (Matter of Wurmlinger v Freer, 256 AD2d 1069, 1069 [1998]) and, here, “the mother failed to ‘make a sufficient evidentiary showing of a change in circumstances to require a hearing’ ” (Matter of Warrior v Beatman, 70 AD3d 1358, 1359 [2010], lv denied 14 NY3d 711 [2010]).

2014“A hearing is not automatically required whenever a parent seeks modification of a custody [or visitation] order” (Matter of Wurmlinger v Freer, 256 AD2d 1069, 1069 [1998]) and, here, “the mother failed to ‘make a sufficient evidentiary showing of a change in circumstances to require a hearing’ ” (Matter of Warrior v Beatman, 70 AD3d 1358, 1359 [2010], lv denied 14 NY3d 711 [2010]).

14
Caso v. Nassau County Police Departmentgreen
nyappdiv · 2003 · cited in 2 New York opinions naming this issue, 2003–2017
2 sentences

2017The Family Court properly dismissed the appellant’s petition for custody without a hearing, as the appellant’s recourse was to seek adoption, and not mere custody, of the subject child (see Matter of McHarris v Administration for Children’s Servs., 53 AD3d 660, 660 [2008]; Matter of Snypes v Administration for Children’s Servs., 308 AD2d 593, 593 [2003]; Matter of Patience B. v Administration for Children’s Servs., 306 AD2d 473, 473 [2003]; Social Services Law § 384-b [11]).

2003The Family Court properly granted the respondent’s motion to dismiss the petition without a hearing, as the appellant’s recourse was to seek adoption, not mere custody of the child (see Matter of Patience B. v Administration for Children’s Servs., 306 AD2d 473 [2003]; Matter of Irons v Ford, 289 AD2d 576, 577 [2001]; Matter of Charles H., 207 AD2d 788, 789 [1994]; Social Services Law § 384-b [1]).

12
Freedman v. Horikegreen
nyappdiv · 2013 · cited in 2 New York opinions naming this issue, 2015–2016
2 sentences

2016Accordingly, we find that Family Court erred in dismissing the mother’s petition without a hearing (see Matter of Ford v Baldi, 123 AD3d 1399, 1400 [2014]; Matter of Freedman v Horike, 107 AD3d at 1333-1334 ; Matter of Giovanni v Hall, 86 AD3d 676, 677 [2011]).

2015Accordingly, the Family Court erred in, in effect, dismissing the petition without a hearing (see Matter of Freedman v Horike, 107 AD3d 1332, 1333-1334 [2013]; Matter of Schnock v Sexton, 101 AD3d 1437, 1437-1438 [2012]; Matter of Zelodius C. v Danny L., 39 AD3d 320, 320 [2007]).

12
Matter of Harrell v. Foxgreen
nyappdiv · 2016 · cited in 2 New York opinions naming this issue, 2016–2016
2 sentences

2016As a final matter, we note that, although not required, the appointment of an attorney for the child is the “strongly preferred practice” in contested custody proceedings (Matter of Ames v Ames, 97 AD3d 914, 916 [2012], lv denied 20 NY3d 852 [2012]; accord Matter of Harrell v Fox, 137 AD3d at 1355 ; see Family Ct Act § 249 [a]).

2016Here, even according the mother every favorable inference, as we must (see Matter of Harrell v Fox, 137 AD3d at 1354 ; Matter of Ford v Baldi, 123 AD3d 1399, 1400 [2014]; Matter of Tod ZZ. v Paula ZZ., 113 AD3d 1005, 1006 [2014]; see also Family Ct Act § 165 [a]; CPLR 3026), we find that Family Court did not err in dismissing the mother’s petition without a hearing (see Matter of Lowe v Bonelli, 129 AD3d 1135, 1137 [2015]).

12
Deochand v. Deochandgreen
nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2011–2012
12
Blackstock v. Pricegreen
nyappdiv · 2008 · cited in 2 New York opinions naming this issue, 2011–2012
12
Mobley v. Ishmaelgreen
nyappdiv · 2001 · cited in 2 New York opinions naming this issue, 2004–2010
12
Davies v. Daviesgreen
nyappdiv · 1996 · cited in 2 New York opinions naming this issue, 2006–2008
12
Matter of Gonzalez v. Annuccigreen
ny · 2018 · cited in 1 New York opinions naming this issue, 2020–2020
11
Hartley v. Postgreen
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2020–2020
11
Hill v. Flynngreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2020–2020
11
Grady v. Grellergreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2018–2018
11
McHarris v. Administration for Children's Servicesgreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2017–2017
11
Matter of Shazzi T. v. Ernest G.green
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2017–2017
11
Matter of Brown-Winfield v. Baileygreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2017–2017
11
ESPOSITO, LINDSAY A. v. MAGILL, MATTHEW E.green
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2017–2017
11
Gelling v. McNabbgreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2017–2017
11
Matter of Lashlee v. Lashleegreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2017–2017
11
Matter of Acevedo v. Acevedogreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2017–2017
11
Machado v. Tanourygreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2017–2017
11
Watts v. Leonardgreen
nyappdiv · 2003 · cited in 1 New York opinions naming this issue, 2017–2017
11
Matter of Arnold v. Arnoldgreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2017–2017
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 (33)

CaseCitedYears
MATTER OF JACKSON v. Walsh neutral
ny · 2011
2 sentences

2015The allegations raised in the petition either have been, or could have been, raised in prior appeals or in motions pursuant to CPL article 440 (see People v Jackson, 119 AD3d 1346, 1347 [2014]; People v Jackson, 71 AD3d 1457, 1458 [2010], lv dismissed in part and denied in part 17 NY3d 774 [2011]; People v Jackson, 262 AD2d 1031 , 1031-1032 [1999], lv denied 94 NY2d 881 [2000]).

2015The allegations raised in the petition either have been, or could have been, raised in prior appeals or in motions pursuant to CPL article 440 (see People v Jackson, 119 AD3d 1346, 1347 [2014]; People v Jackson, 71 AD3d 1457, 1458 [2010], lv dismissed in part and denied in part 17 NY3d 774 [2011]; People v Jackson, 262 AD2d 1031 , 1031-1032 [1999], lv denied 94 NY2d 881 [2000]).

32015–2015
People v. Jackson green
nyappdiv · 1999
2 sentences

2015The allegations raised in the petition either have been, or could have been, raised in prior appeals or in motions pursuant to CPL article 440 (see People v Jackson, 119 AD3d 1346, 1347 [2014]; People v Jackson, 71 AD3d 1457, 1458 [2010], lv dismissed in part and denied in part 17 NY3d 774 [2011]; People v Jackson, 262 AD2d 1031 , 1031-1032 [1999], lv denied 94 NY2d 881 [2000]).

2015The allegations raised in the petition either have been, or could have been, raised in prior appeals or in motions pursuant to CPL article 440 (see People v Jackson, 119 AD3d 1346, 1347 [2014]; People v Jackson, 71 AD3d 1457, 1458 [2010], lv dismissed in part and denied in part 17 NY3d 774 [2011]; People v Jackson, 262 AD2d 1031 , 1031-1032 [1999], lv denied 94 NY2d 881 [2000]).

32015–2015
Loriann Q. v. Frank R. green
nyappdiv · 2008
2 sentences

2021The Family Court did not improperly rely on hearsay, but took into account the representation of an Administration for Children's Services court liaison that an investigation concerning the father's allegations was unfounded, which provided additional assurance that the child was not at immediate risk of harm ( see Matter of Loriann Q. v Frank R., 53 AD3d 735 [3d Dept 2008]).

2021The Family Court did not improperly rely on hearsay, but took into account the representation of an Administration for Children's Services court liaison that an investigation concerning the father's allegations was unfounded, which provided additional assurance that the child was not at immediate risk of harm ( see Matter of Loriann Q. v Frank R., 53 AD3d 735 [3d Dept 2008]).

22021–2021
Matter of Castagnini v. Hyman-Hunt neutral
nyappdiv · 2014
2 sentences

2018Accordingly, the Supreme Court properly dismissed the father's petition without a hearing ( see Matter of Castagnini v Hyman-Hunt, 123 AD3d 926, 926 ; Matter of Fasano v Battista, 68 AD3d 863, 864 ; Matter of Riedel v Riedel, 61 AD3d 979 ; Matter of Miller v Lee , 225 AD2d 778, 779 ).

2016Accordingly, the Family Court properly dismissed the father’s petition without a hearing (see Matter of Valencia v Ripley, 128 AD3d 711, 712 [2015]; Matter of Castagnini v Hyman-Hunt, 123 AD3d 926 [2014]; Macchio v Macchio, 120 AD3d 560 [2014]).

22016–2018
Macchio v. Macchio green
nyappdiv · 2014
2 sentences

2016Accordingly, the Family Court properly dismissed the father’s petition without a hearing (see Matter of Valencia v Ripley, 128 AD3d 711, 712 [2015]; Matter of Castagnini v Hyman-Hunt, 123 AD3d 926 [2014]; Macchio v Macchio, 120 AD3d 560 [2014]).

2015Therefore, the Family Court properly granted that branch of the mother’s motion which was to dismiss the petition without a hearing (see Macchio v Macchio, 120 AD3d 560 [2014]; Connor v Connor, 104 AD3d 638 [2013]).

22015–2016
JONES LANG WOOTTON USA v. LeBOEUF, LAMB, GREENE & McRAE green
ny · 1998
2 sentences

2015Lastly, because petitioner’s challenges implicated purely legal questions, Supreme Court did not err in dismissing the petition without a hearing (see Matter of Kenny v Fiala, 127 AD3d at 1360 ; Matter of Akshar v Mills, 249 AD2d 786, 788 [1998], lv dismissed 92 NY2d 962 [1998]). .

2015Finally, to the extent that the arguments submitted before Supreme Court were purely legal, that court properly dismissed the petition without a hearing (see Matter of Akshar v Mills, 249 AD2d 786, 787-788 [1998], lv dismissed 92 NY2d 962 [1998]).

22015–2015
In re Estate of Wirth green
nyappdiv · 2005
2 sentences

2014Accordingly, the Family Court properly dismissed the petition without a hearing (see Matter of Collazo v Collazo, 78 AD3d 1177 [2010]; Matter of Walberg v Rudden, 14 AD3d 572 [2005]).

2010Accordingly, the Family Court properly, in effect, dismissed the petition without a hearing (see Matter of Reilly v Reilly, 64 AD3d 660 [2009]; Matter of Rodriguez v Hangartner, 59 AD3d at 630 ; Matter of Dann v Dann, 51 AD3d 1345 [2008]; Matter of Walberg v Rudden, 14 AD3d 572 [2005]; Smoczkiewicz v Smoczkiewicz, 2 AD3d 705, 706 [2003]; Matter of Cooke v Miller, 300 AD2d 959 [2002]; Matter of Brocher v Brocher, 213 AD2d 544 [1995]).

22010–2014
In re Amir J.-L. green
nyappdiv · 2008
2 sentences

2013Accordingly, under the circumstances of this case, the Family Court properly denied the father’s petition without a hearing (see Matter of Secrist v Brown, 83 AD3d at 1400 ; Matter of Amir J.-L., 57 AD3d at 669 ).

2013Accordingly, under the circumstances of this case, the Family Court properly denied the father’s petition without a hearing (see Matter of Secrist v Brown, 83 AD3d at 1400 ; Matter of Amir J.-L., 57 AD3d at 669 ).

22013–2013
Secrist v. Brown green
nyappdiv · 2011
2 sentences

2013Accordingly, under the circumstances of this case, the Family Court properly denied the father’s petition without a hearing (see Matter of Secrist v Brown, 83 AD3d at 1400 ; Matter of Amir J.-L., 57 AD3d at 669 ).

2013Accordingly, under the circumstances of this case, the Family Court properly denied the father’s petition without a hearing (see Matter of Secrist v Brown, 83 AD3d at 1400 ; Matter of Amir J.-L., 57 AD3d at 669 ).

22013–2013
Matter of Silverman v. Leibowitz green
nyappdiv · 2021
12023–2023
Battinelli v. Battinelli green
nyappdiv · 2021
12022–2022
Matter of Milton v. Tormey-Milton green
nyappdiv · 2015
12022–2022
Marrale v. Marrale green
nyappdiv · 2007
12022–2022
Matter of Rosenberg v. Rosenberg green
nyappdiv · 2016
12022–2022
Matter of Pagnani v. Suffolk County Dept. of Social Servs. green
nyappdiv · 2017
12021–2021
Foster v. Bartlett green
nyappdiv · 2009
12021–2021
MATTER OF CHASM HYDRO, INC. v. New York State Dept. of Envtl. Conservation green
ny · 2009
12021–2021
Magee v. Magee green
nyappdiv · 2014
12021–2021
Matter of Besen v. Besen neutral
nyappdiv · 2015
12021–2021
James v. Hickey green
nyappdiv · 2004
12019–2019
Riedel v. Riedel green
nyappdiv · 2009
12018–2018
Fasano v. Battista neutral
nyappdiv · 2009
12018–2018
Handibode v. Martensen green
nyappdiv · 2010
12018–2018
Lamarche v. Jessie green
nyappdiv · 2010
12018–2018
Matter of Cusano v. Coitino neutral
nyappdiv · 2017
12018–2018
Miller v. Lee green
nyappdiv · 1996
12018–2018
Gentile v. Gentile green
nyappdiv · 2017
12018–2018
Lucido v. Mancuso green
nyappdiv · 2008
12017–2017
People v. Mack green
ny · 2016
12017–2017
Sullivan v. Plotnick neutral
nyappdiv · 2009
12016–2016
Klass v. Low green
nyappdiv · 2014
12016–2016
Matter of Ruiz v. Sciallo green
nyappdiv · 2015
12016–2016
Eugenio v. City of Yonkers neutral
nyappdiv · 2012
12015–2015

Statutes the citing opinions construe

NY § N.Y. Penal Law § 240.26 (3) NY § N.Y. Penal Law § 70.10 (3) NY § N.Y. Public Health Law § 201 (3)

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.

Where else courts name it

PA 680 (1958–2026) TN 188 (1921–2026) OH 90 (1980–2026) NY 83 (1962–2023) CA 54 (1984–2025) IL 24 (1967–2025) AR 19 (1983–2023) MD 16 (1958–2022) HI 13 (1987–2025) IN 12 (1977–2021) MN 9 (1962–2025) GA 6 (1981–2020) WV 6 (2012–2022) FL 6 (1967–2016) MT 5 (2013–2024) AZ 5 (2015–2022) ID 4 (1985–2017) CO 4 (1994–1995) MA 3 (1972–2025) NJ 3 (1963–2018) MS 3 (1997–2019) MO 3 (1966–2003) NM 3 (1999–2009) NH 2 (2009–2011) CT 2 (2018–2018)

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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