Hilliard v. Peroni
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Family Court properly awarded petitioner father sole custody of the parties’ two children following a hearing. The court, however, failed to recognize that its order is a modification of a 1994 North Dakota decree of divorce that awarded joint custody to the parties and sole physical custody to petitioner. Thus, the court failed to make the findings necessary to warrant a change in custody. Nonetheless, the record is sufficiently complete for us to make our own findings of fact in the interests of judicial economy and the well-being of…
2Cases cited5 opinions
- Lincoln v. LincolnNew York Court of Appeals · 1969
- Irwin v. NeylandAppellate Division of the Supreme Court of the State of New York · 1995
- Ammann v. AmmannAppellate Division of the Supreme Court of the State of New York · 1994
- Smith v. KalmanAppellate Division of the Supreme Court of the State of New York · 1997
- Buffy E. v. Lance C.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by12 opinions
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- Blanchard v. BlanchardAppellate Division of the Supreme Court of the State of New York · 2003
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