Legal Opinion

Hilliard v. Peroni

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

Decided December 31, 1997PublishedCited by 12 opinions

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

  1. Lincoln v. LincolnNew York Court of Appeals · 1969
  2. Irwin v. NeylandAppellate Division of the Supreme Court of the State of New York · 1995
  3. Ammann v. AmmannAppellate Division of the Supreme Court of the State of New York · 1994
  4. Smith v. KalmanAppellate Division of the Supreme Court of the State of New York · 1997
  5. Buffy E. v. Lance C.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by12 opinions

  1. Bryan K.B. v. Destiny S.B.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Maher v. MaherAppellate Division of the Supreme Court of the State of New York · 2003
  3. Thayer v. EnnisAppellate Division of the Supreme Court of the State of New York · 2002
  4. Chittick v. FarverAppellate Division of the Supreme Court of the State of New York · 2001
  5. Blanchard v. BlanchardAppellate Division of the Supreme Court of the State of New York · 2003

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