Stevens v. Stevens

Appellate Division of the Supreme Court of New York

Stevens v. Stevens

286 A.D.2d 890, 730 N.Y.S.2d 751, 2001 N.Y. App. Div. LEXIS 8914

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

DecidedSeptember 28, 2001

StatusPublished

Cited by4 cases

This text of 286 A.D.2d 890 (Stevens v. Stevens) 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

Stevens v. Stevens, 286 A.D.2d 890, 730 N.Y.S.2d 751, 2001 N.Y. App. Div. LEXIS 8914 (N.Y. Ct. App. 2001).

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Opinion

—Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Jefferson County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in dismissing the petition seeking a change in custody of the parties’ child without conducting a hearing. The allegations in the mother’s petition “sufficiently demonstrated evidence of a change of circumstances to warrant a hearing” (LaBombardi v LaBombardi, 247 AD2d 590, 591). In any event, the affidavit of respondent father established the need for a hearing on the issue whether his relocation is in the best interests of the child (see, Matter of Tropea v Tropea, 87 NY2d 727, 738-739). (Appeal from Order of Jefferson County Family Court, Schwerzmann, J. — Custody.) Present — Pine, J. P., Wisner, Hurlbutt, Kehoe and Gorski, JJ.

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—Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Jefferson County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in dismissing the petition seeking a change in custody of the parties’ child without conducting a hearing. The allegations in the mother’s petition “sufficiently demonstrated evidence of a change of circumstances to warrant a hearing” (LaBombardi v LaBombardi, 247 AD2d 590, 591). In any event, the affidavit of respondent father established the need for a hearing on the issue whether his relocation is in the best interests of the child (see, Matter of Tropea v Tropea, 87 NY2d 727, 738-739). (Appeal from Order of Jefferson County Family Court, Schwerzmann, J. — Custody.) Present — Pine, J. P., Wisner, Hurlbutt, Kehoe and Gorski, JJ.

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Bluebook (online)

286 A.D.2d 890, 730 N.Y.S.2d 751, 2001 N.Y. App. Div. LEXIS 8914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-stevens-nyappdiv-2001.

Opinion

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