Legal Opinion
Knuth v. Westfall
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 2010PublishedCited by 2 opinions
1Opinion of the Court
Appeal from an order of the Family Court, Cattaraugus County (Michael L. Nenno, J.), entered February 25, 2009 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Contrary to the contention of petitioner mother, Family Court properly granted respondent father’s motion to dismiss the petition seeking to modify a prior custody order without conducting a hearing on the petition. “A hearing is not automatically required whenever a parent seeks modification of…
2Cases cited8 opinions
- David W. v. Julia W.Appellate Division of the Supreme Court of the State of New York · 1990
- Di Fiore v. ScottAppellate Division of the Supreme Court of the State of New York · 2003
- Thompson v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1999
- Lopez v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2006
- Reese v. JonesAppellate Division of the Supreme Court of the State of New York · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cormier v. ClarkeAppellate Division of the Supreme Court of the State of New York · 2013
- Cormier v. ClarkeAppellate Division of the Supreme Court of the State of New York · 2013