Gollogly v. Thompson

Appellate Division of the Supreme Court of New York

Gollogly v. Thompson

70 A.D.3d 1373, 893 N.Y.S.2d 792

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 11, 2010

StatusPublished

This text of 70 A.D.3d 1373 (Gollogly v. Thompson) 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

Gollogly v. Thompson, 70 A.D.3d 1373, 893 N.Y.S.2d 792 (N.Y. Ct. App. 2010).

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Opinion

—Appeal from an order of the Family Court, Monroe County (Patricia E. Gallaher, J.), entered December 15, 2008 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Family Court properly dismissed the petition seeking to modify a prior order of custody without conducting a hearing. Petitioner father failed to establish that the child was affected by respondent mother’s mental health issues (cf. Matter of Leo v Leo, 39 AD3d 899, 901-902 [2007]; Matter of Baker v Baker, 283 AD2d 730, 730-731 [2001], lv denied 96 NY2d 720 [2001]), and he otherwise failed to make a sufficient evidentiary showing to warrant a hearing (see Matter of Wurmlinger v Freer, 256 AD2d 1069 [1998]; Matter of Lynette L. v Richard K.A., 210 AD2d 1005 [1994]). Present—Scudder, P.J., Smith, Fahey and Lindley, JJ.

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—Appeal from an order of the Family Court, Monroe County (Patricia E. Gallaher, J.), entered December 15, 2008 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Family Court properly dismissed the petition seeking to modify a prior order of custody without conducting a hearing. Petitioner father failed to establish that the child was affected by respondent mother’s mental health issues (cf. Matter of Leo v Leo, 39 AD3d 899, 901-902 [2007]; Matter of Baker v Baker, 283 AD2d 730, 730-731 [2001], lv denied 96 NY2d 720 [2001]), and he otherwise failed to make a sufficient evidentiary showing to warrant a hearing (see Matter of Wurmlinger v Freer, 256 AD2d 1069 [1998]; Matter of Lynette L. v Richard K.A., 210 AD2d 1005 [1994]). Present—Scudder, P.J., Smith, Fahey and Lindley, JJ.

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Bluebook (online)

70 A.D.3d 1373, 893 N.Y.S.2d 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gollogly-v-thompson-nyappdiv-2010.

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