Legal Opinion

Haleniuk v. Persaud

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

Decided November 22, 2011Published

1Opinion of the Court

The evidence in the record sufficiently supports Family Court’s finding that the father failed to meet his burden of showing that the child was constructively emancipated (see O’Sullivan v Katz, 81 AD3d 480 [2011]). Although the record reflects a strained relationship between the father and child, it does not support a finding that the child completely refused to have a relationship with the father (see id.).

The father’s failure to properly file a full record on appeal, despite his contrary statement made pursuant to CPLR 5531, warrants the imposition of costs incurred in preparing and filing…

2Cases cited1 opinion

  1. O'Sullivan v. KatzAppellate Division of the Supreme Court of the State of New York · 2011

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