Legal Opinion

Harry P. v. Cindy W.

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

Decided February 1, 2008PublishedCited by 13 opinions

1Opinion of the Court

Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered March 30, 2007 in a proceeding pursuant to Family Court Act article 6. The order, among other things, dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Contrary to the contentions of petitioner father, Family Court did not abuse its discretion in denying his motion for leave to amend his petition seeking modification of a prior custody order and in sua sponte dismissing the petition. The petition “was insufficient on its face because…

2Cases cited4 opinions

  1. Letterman v. ReddingtonAppellate Division of the Supreme Court of the State of New York · 2000
  2. Carrie F. v. David PP.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Hongach v. HongachAppellate Division of the Supreme Court of the State of New York · 2007
  4. In re of Sarah G.Appellate Division of the Supreme Court of the State of New York · 2004

3Cited by13 opinions

  1. Burola v. MeekAppellate Division of the Supreme Court of the State of New York · 2009
  2. Gridley v. SyrkoAppellate Division of the Supreme Court of the State of New York · 2008
  3. Sierak v. StaringAppellate Division of the Supreme Court of the State of New York · 2015
  4. C., BARON, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2012
  5. In re Baron C.Appellate Division of the Supreme Court of the State of New York · 2012

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