Legal Opinion

DiCiacco v. DiCiacco

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

Decided November 15, 2011PublishedCited by 7 opinions

1Opinion of the Court

“When parties enter into stipulations resolving custody issues, those stipulations ‘will not be modified unless there is a sufficient change in circumstances since the time of the stipulation, and unless modification of the custody arrangement is in the best interests of the children’ ” (Mathie v Mathie, 65 AD3d *938527, 529 [2009], quoting Matter of Said v Said, 61 AD3d 879, 880 [2009] [emphasis added]). In this case, the Family Court improperly considered testimony regarding events alleged to have occurred prior to the parties’ stipulation of settlement (see Matter of Guerra v Balistreri,…

2Cases cited4 opinions

  1. Said v. SaidAppellate Division of the Supreme Court of the State of New York · 2009
  2. Risman v. LinksAppellate Division of the Supreme Court of the State of New York · 1997
  3. Mathie v. MathieAppellate Division of the Supreme Court of the State of New York · 2009
  4. Guerra v. BalistreriAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by7 opinions

  1. Kiernan v. KiernanAppellate Division of the Supreme Court of the State of New York · 2014
  2. Retamozzo v. MoyerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Newton v. McFarlaneAppellate Division of the Supreme Court of the State of New York · 2019
  4. Brink v. BrinkAppellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Hugee v. GadsdenAppellate Division of the Supreme Court of the State of New York · 2019

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