Matter of Lawrence v. Lawrence

Appellate Division of the Supreme Court of New York

Matter of Lawrence v. Lawrence

2017 NY Slip Op 5023, 151 A.D.3d 1879, 54 N.Y.S.3d 358

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

DecidedJune 16, 2017

Docket887 CAF 15-01961

StatusPublished

Cited by8 cases

This text of 2017 NY Slip Op 5023 (Matter of Lawrence v. Lawrence) 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

Matter of Lawrence v. Lawrence, 2017 NY Slip Op 5023, 151 A.D.3d 1879, 54 N.Y.S.3d 358 (N.Y. Ct. App. 2017).

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Appeal from an order of the Family Court, Oswego County (Thomas Benedetto, Ref.), entered August 28, 2015 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: In this proceeding pursuant to Family Court Act article 6, the Attorney for the Child representing the parties’ oldest child appeals from an order dismissing the mother’s petition seeking modification of a custody order. Inasmuch as “the mother has not taken an appeal from that order [, the] child[ ], while dissatisfied with the order, cannot force the mother to litigate a petition that she has since abandoned” (Matter of Kessler v Fancher, 112 AD3d 1323, 1324 [2013]). A child in a custody matter does not have “full-party status” (Matter of McDermott v Bale, 94 AD3d 1542, 1543 [2012]), and we decline to permit the child’s desires “to chart the course of litigation” (Kessler, 112 AD3d at 1324).

Present—Whalen, P.J., Peradotto, DeJoseph, Curran and Winslow, JJ.

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Appeal from an order of the Family Court, Oswego County (Thomas Benedetto, Ref.), entered August 28, 2015 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: In this proceeding pursuant to Family Court Act article 6, the Attorney for the Child representing the parties’ oldest child appeals from an order dismissing the mother’s petition seeking modification of a custody order. Inasmuch as “the mother has not taken an appeal from that order [, the] child[ ], while dissatisfied with the order, cannot force the mother to litigate a petition that she has since abandoned” (Matter of Kessler v Fancher, 112 AD3d 1323, 1324 [2013]). A child in a custody matter does not have “full-party status” (Matter of McDermott v Bale, 94 AD3d 1542, 1543 [2012]), and we decline to permit the child’s desires “to chart the course of litigation” (Kessler, 112 AD3d at 1324).

Present—Whalen, P.J., Peradotto, DeJoseph, Curran and Winslow, JJ.

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Bluebook (online)

2017 NY Slip Op 5023, 151 A.D.3d 1879, 54 N.Y.S.3d 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-lawrence-v-lawrence-nyappdiv-2017.

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