Legal Opinion
Fuss v. Niceforo
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1997PublishedCited by 8 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Petitioner appeals from two orders of Family Court that dismissed her petitions. Petitioner and her former husband had joint custody of their two minor children; he had physical custody. Following his death, his niece and her husband (respondents) commenced a guardianship proceeding in Surrogate’s Court and were awarded temporary guardianship. Petitioner commenced these proceedings in Family Court, seeking custody of her children. Family Court did not err in dismissing those petitions. There is a guardianship proceeding pending in…
2Cases cited5 opinions
- Bennett v. JeffreysNew York Court of Appeals · 1976
- Milligan v. EnglishAppellate Division of the Supreme Court of the State of New York · 1987
- McGaw v. Huntington HospitalAppellate Division of the Supreme Court of the State of New York · 1982
- Milli v. MorrealeAppellate Division of the Supreme Court of the State of New York · 1981
- In re PaschenNew York Surrogate's Court · 1982
3Cited by8 opinions
- Amy H. v. Chautauqua County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 2004
- Allen v. FiedlerAppellate Division of the Supreme Court of the State of New York · 2012
- In re Lillian R.Appellate Division of the Supreme Court of the State of New York · 2004
- In the Matter of T.H.M and M.M.M.South Dakota Supreme Court · 2002
- Allen v. FiedlerAppellate Division of the Supreme Court of the State of New York · 2012
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