Sylvia B. v. Nelson R.

Appellate Division of the Supreme Court of New York

Sylvia B. v. Nelson R.

46 A.D.3d 385, 848 N.Y.S.2d 833

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

DecidedDecember 20, 2007

StatusPublished

This text of 46 A.D.3d 385 (Sylvia B. v. Nelson R.) 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

Sylvia B. v. Nelson R., 46 A.D.3d 385, 848 N.Y.S.2d 833 (N.Y. Ct. App. 2007).

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Opinion

Order, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about September 22, 2006, which awarded custody of the parties’ child to petitioner mother, unanimously reversed, on the law, without costs, and the matter remanded for a hearing.

[386]*386While a court need not conduct a hearing where a change in custody is sought upon speculative and frivolous reasons (David W. v Julia W., 158 AD2d 1, 6-7 [1990]), here, a family offense petition was filed. The infant child himself is alleged to have reported that petitioner struck him with a belt and metal buckle five times, causing bruising and soreness to the right arm and wrist. A full and comprehensive hearing was required to determine whether the totality of the circumstances warranted modification of the custody order in the best interests of the child (Matter of Gant v Higgins, 203 AD2d 23 [1994]). Concur— Lippman, P.J., Mazzarelli, Saxe, Williams and Buckley, JJ.

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Order, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about September 22, 2006, which awarded custody of the parties’ child to petitioner mother, unanimously reversed, on the law, without costs, and the matter remanded for a hearing.

[386]*386While a court need not conduct a hearing where a change in custody is sought upon speculative and frivolous reasons (David W. v Julia W., 158 AD2d 1, 6-7 [1990]), here, a family offense petition was filed. The infant child himself is alleged to have reported that petitioner struck him with a belt and metal buckle five times, causing bruising and soreness to the right arm and wrist. A full and comprehensive hearing was required to determine whether the totality of the circumstances warranted modification of the custody order in the best interests of the child (Matter of Gant v Higgins, 203 AD2d 23 [1994]). Concur— Lippman, P.J., Mazzarelli, Saxe, Williams and Buckley, JJ.

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Bluebook (online)

46 A.D.3d 385, 848 N.Y.S.2d 833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sylvia-b-v-nelson-r-nyappdiv-2007.

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