Legal Opinion

Matter of Resnick v. Ausburn

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

Decided December 3, 2014No. 2013-10258PublishedCited by 1 opinion

1Opinion of the Court

Appeal from an order of the Family Court, Nassau County (Julianne T. Capetola, J.), dated October 15, 2013. The order granted, without a hearing, the father’s cross motion to dismiss the mother’s petition to modify a prior order of custody so as to award her custody of the subject child.

Ordered that the order is affirmed, without costs or disbursements.

“To warrant modification of an existing custody arrangement, there must be a showing of a change in circumstances such that modification is required to protect the best interests of the child” (Matter of Begy v Begy, 115 AD3d 951, 951 [2014];…

2Cases cited8 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Hixenbaugh v. HixenbaughAppellate Division of the Supreme Court of the State of New York · 2013
  3. Sirabella v. SirabellaAppellate Division of the Supreme Court of the State of New York · 2012
  4. Wakefield v. WakefieldAppellate Division of the Supreme Court of the State of New York · 2010
  5. Salick v. SalickAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by1 opinion

  1. Matter of Newton v. McFarlaneAppellate Division of the Supreme Court of the State of New York · 2019

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