Daniel R. v. Noel R.

195 A.D.2d 704, 600 N.Y.S.2d 314
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 8, 1993
StatusPublished
Cited by35 cases

This text of 195 A.D.2d 704 (Daniel R. v. Noel R.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniel R. v. Noel R., 195 A.D.2d 704, 600 N.Y.S.2d 314 (N.Y. Ct. App. 1993).

Opinion

Mahoney, J.

Appeals (1) from an order of the Family Court of Washington County (Berke, J.), entered September 16, 1991, which, inter alia, dismissed petitioner’s application, in a proceeding pursuant to Family Court Act article 6, for custody of the parties’ child, and (2) from an order of said court, entered May 4, 1992, which granted respondent’s application, in a proceeding pursuant to Family Court Act article 4, to modify a prior order regarding petitioner’s visitation with said child.

Petitioner and respondent were married in March 1988. At the time of the marriage respondent had physical custody of her two minor children from a prior marriage, David and Matthew. In June 1988 a son, Daniel, was born to the parties. Family matters proceeded without incident until May 1989 when the parties learned that David and Matthew had been sexually abused by their father, respondent’s ex-husband. This [705]*705unfortunate discovery led to marital problems between petitioner and respondent, petitioner indicating that he could not love his two stepsons any more and claiming that their presence in the household created a risk that they would molest Daniel. While the parties pursued counseling, the relationship never recovered and ultimately ended in May 1990 when petitioner left the marital residence taking Daniel with him.

Shortly thereafter, petitioner commenced a proceeding seeking sole custody of Daniel. Respondent cross-petitioned for the same relief and Family Court issued a temporary joint custody award with alternating physical custody pending resolution of the controversy. During that time, petitioner remained adamant that Daniel was being sexually abused by Matthew. He filed several complaints to this effect with the New York State Child Abuse and Maltreatment Register (hereinafter Child Abuse Registry), none of which were indicated,

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Bluebook (online)
195 A.D.2d 704, 600 N.Y.S.2d 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-r-v-noel-r-nyappdiv-1993.