Matter of Martin v. Martin
This text of Matter of Martin v. Martin (Matter of Martin v. Martin) 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.
Opinion
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Bureau Thomas J.K. Smith, State Reporter
Matter of Martin v Martin
2026 NY Slip Op 02761
May 1, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
IN THE MATTER OF CARL MARTIN, PETITIONER-APPELLANT,
v
CHELSEA MARTIN, RESPONDENT-RESPONDENT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on May 1, 2026
346 CAF 25-01085
Present: Whalen, P.J., Curran, Ogden, Nowak, And Delconte, JJ.
THOMAS L. PELYCH, HORNELL, FOR PETITIONER-APPELLANT.
VERA A. VENKOVA, WILLIAMSVILLE, ATTORNEY FOR THE CHILDREN.
Appeal from an order of the Family Court, Wyoming County (Keith D. Kibler, J.), entered May 23, 2025, in a proceeding pursuant to Family Court Act article 6. The order, inter alia, set out the parenting time for the parties with the children.
[*1]It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: We conclude that petitioner father's appeal in this Family Court Act article 6 custody modification proceeding must be dismissed. Inasmuch as the father received the substantive relief requested in his petition for modification of a prior custody order, including the equal parenting time he specified, the father is not an aggrieved party (see CPLR 5511; Matter of Jefferson County Dept. of Social Servs. v Mark L.O., 12 AD3d 1037, 1038 [4th Dept 2004], lv dismissed 4 NY3d 794 [2005]; see also Matter of Cooper v Cooper, 74 AD3d 1868, 1869 [4th Dept 2010]).
Entered: May 1, 2026
Ann Dillon Flynn
Clerk of the Court
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