Legal Opinion
Nuesi v. Gago
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 2009PublishedCited by 5 opinions
1Opinion of the Court
The father’s contention that the Support Magistrate failed to conduct a proper hearing on the issue of emancipation is without merit. The father and mother were sworn and examined, and findings of fact were made regarding emancipation (cf. Matter of Pringle v Pringle, 296 AD2d 828 [2002]; Waby v Waby, 143 AD2d 506 [1988]; Matter of Reynolds v Reynolds, 50 AD2d 993 [1975]). “A hearing need not follow any particular form, but any meaningful hearing must, at least, consist of an adducement of proof coupled with an opportunity to rebut it” (Waby v Waby, 143 AD 2d 506 [1988] [internal quotation…
2Cases cited6 opinions
- Thompson v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2009
- Reynolds v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1975
- Pringle v. PringleAppellate Division of the Supreme Court of the State of New York · 2002
- Waby v. WabyAppellate Division of the Supreme Court of the State of New York · 1988
- Ademovic v. ReidAppellate Division of the Supreme Court of the State of New York · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mongelluzzo v. SondgerothAppellate Division of the Supreme Court of the State of New York · 2012
- Merz v. NiwaAppellate Division of the Supreme Court of the State of New York · 2013
- Merz v. NiwaAppellate Division of the Supreme Court of the State of New York · 2013
- Mongelluzzo v. SondgerothAppellate Division of the Supreme Court of the State of New York · 2012
- Turi v. RosenAppellate Division of the Supreme Court of the State of New York · 2011