Legal Opinion

Perez v. Estevez

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

Decided March 22, 2011PublishedCited by 9 opinions

1Opinion of the Court

“[A]s a general rule, it is error as a matter of law to make an order respecting custody based upon controverted allegations without the benefit of a full hearing” (Matter of Khan v Dolly, 6 AD3d 437, 439 [2004]; see Matter of Peek v Peek, 79 AD3d 753 [2010]; Matter of Klang v Klang, 235 AD2d 476 [1997]; see also Matter of Garcia v Ramos, 79 AD3d 872 [2010]). “Since the court has an obligation to make an objective and independent evaluation of the circumstances, a custody determination should be made only after a full and fair hearing at which the record is fully developed” (Matter of Peek v…

2Cases cited7 opinions

  1. Peek v. PeekAppellate Division of the Supreme Court of the State of New York · 2010
  2. Khan v. DollyAppellate Division of the Supreme Court of the State of New York · 2004
  3. D'Entremont v. D'EntremontAppellate Division of the Supreme Court of the State of New York · 1998
  4. Feldman v. FeldmanAppellate Division of the Supreme Court of the State of New York · 2010
  5. Klang v. KlangAppellate Division of the Supreme Court of the State of New York · 1997

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Swinson v. BrewingtonAppellate Division of the Supreme Court of the State of New York · 2011
  2. Savoca v. BellofattoAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Goldfarb v. SzaboAppellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Velez v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2015
  5. Labella v. MurrayAppellate Division of the Supreme Court of the State of New York · 2013

4 more not listed; retrieve them via the Exa API.

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