Legal Opinion

Moore v. Kazacos

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

Decided November 18, 2011PublishedCited by 15 opinions

1Opinion of the Court

Memorandum:

In this child custody proceeding, respondent father appeals from an order granting the petition of the mother seeking sole custody of the parties’ infant son. We reject the father’s contention that the Referee erred in failing to consider the factors set forth in Matter of Tropea v Tropea (87 NY2d 727, 740-741 [1996]) before awarding custody to the mother, who moved from Syracuse to North Carolina shortly after she commenced this proceeding. Inasmuch “[a]s this is an initial custody determination, it is not necessary to adhere to a strict application of the relevant factors to be…

2Cases cited5 opinions

  1. MATTER OF TROPEA v. TropeaNew York Court of Appeals · 1996
  2. Lynch v. GilloglyAppellate Division of the Supreme Court of the State of New York · 2011
  3. Schneider v. LascherAppellate Division of the Supreme Court of the State of New York · 2010
  4. Ammann v. AmmannAppellate Division of the Supreme Court of the State of New York · 1994
  5. Baker v. SpurgeonAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by15 opinions

  1. Saperston v. HoldawayAppellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Pierce v. PierceAppellate Division of the Supreme Court of the State of New York · 2017
  3. Thomas v. SmallAppellate Division of the Supreme Court of the State of New York · 2016
  4. Quistorf v. LevesqueAppellate Division of the Supreme Court of the State of New York · 2014
  5. FORRESTEL, RYAN M. v. FORRESTEL, MARGUERITAAppellate Division of the Supreme Court of the State of New York · 2015

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