Matter of Martin v. Martin

Appellate Division of the Supreme Court of New York

Matter of Martin v. Martin

Appellate Division of the Supreme Court of the State of New York·Decided May 1, 2026·No. 346 CAF 25-01085·Published

Opinion

Matter of Martin v Martin - 2026 NY Slip Op 02761

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Law Reporting
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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Matter of Martin v Martin - 2026 NY Slip Op 02761

skip to main content

It appears you are using Adblock. Please disable Adblock to best experience our website.

Law Reporting
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

Links to or from other sites do not signify endorsement or relationship with them.

Matter of Martin v. Martin, (N.Y. Ct. App. 2026).

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