Legal Opinion

Matter of Schmitt v. Troche

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

Decided November 8, 2017No. 2016-11699PublishedCited by 4 opinions

1Opinion of the Court

Appeal by the petitioner from an order of the Supreme Court, Suffolk County (Carol MacKenzie, J.), dated September 28, 2016. The order, without a hearing, denied the petition for custody of the subject child and granted the motion of the father to dismiss the petition for lack of standing.

Ordered that the order is affirmed, without costs or disbursements.

The petitioner, who is not the parent of the subject child, commenced this proceeding for custody of the child, who was born in 2005. The respondent father moved to dismiss the petition, contending that the petitioner lacked standing to seek…

2Cases cited7 opinions

  1. Bennett v. JeffreysNew York Court of Appeals · 1976
  2. The Matter of Ricardo Suarez v. Melissa WilliamsNew York Court of Appeals · 2015
  3. Matter of Moskowitz v. MoskowitzAppellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Maddox v. MaddoxAppellate Division of the Supreme Court of the State of New York · 2016
  5. Roberts v. RobertsAppellate Division of the Supreme Court of the State of New York · 2011

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Matter of Bruen v. Merla-ProfennaAppellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of Smith v. DixonAppellate Division of the Supreme Court of the State of New York · 2023
  3. Matter of Linda S.M. v. Demetrius W.Appellate Division of the Supreme Court of the State of New York · 2018
  4. Matter of Sanchez v. IrizarryAppellate Division of the Supreme Court of the State of New York · 2026

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