Legal Opinion
Fewell v. Koons
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 2011PublishedCited by 6 opinions
1Opinion of the Court
Memorandum:
Petitioner father appeals from an order in this Family Court Act article 6 proceeding dismissing his petition alleging that respondent mother violated a prior order of visitation with respect to the parties’ son. We reject the father’s contention that Family Court erred in dismissing the petition without conducting a hearing. “It is well established that due *1406process does not mandate a hearing in every instance where contempt is sought [based on the violation of a court order]; it need only be conducted if a factual dispute exists [that] cannot be resolved on the papers alone”…
2Cases cited4 opinions
- Bowie v. BowieAppellate Division of the Supreme Court of the State of New York · 1992
- Lynda D. v. Stacy C.Appellate Division of the Supreme Court of the State of New York · 2007
- Lisa B.I. v. Carl D.I.Appellate Division of the Supreme Court of the State of New York · 2007
- Palacz v. PalaczAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- Matter of Whitney v. WhitneyAppellate Division of the Supreme Court of the State of New York · 2017
- Perez v. RichmondAppellate Division of the Supreme Court of the State of New York · 2013
- Caro v. Marsh USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Caro v. Marsh USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Matter of Rodriguez v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2021
1 more not listed; retrieve them via the Exa API.